Suit for specific performance of an Agreement to Sell

Specific performance of an immovable property is governed by the Specific Relief Act, 1963. If a party to an agreement to sell defaults, the aggrieved party may approach the court for specific performance of the contract. The power of the court in granting specific performance is discretionary and the court is free to refuse specific performance even if the aggrieved party is able to establish a case for grant of specific performance. But this discretion is not exercised in arbitrary or unreasonable manner.

The suit for specific performance can be brought three years from the date fixed for performance, or where no date has been fixed, when the plaintiff noticed that the performance is refused.