Enforcing a Contract: The Legal Intricacies Involving Specific Performance in Pakistan

https://doi.org/10.55966/assaj.2025.4.1.0108

Abstract

Specific performance is an equitable and discretionary remedy that is granted by a court of law, which compels the party to perform his contractual obligations. In Pakistan, it is incorporated alongside other equitable remedies within the Specific Relief Act, 1887. It provides many different provisions that discuss the ins and outs of specific performance. It provides the mechanism of partial performance in a contract, to what extent the doctrine of frustration can impact specific performance, the parties to whom specific performance can or cannot be enforced against and the parties who can or cannot enforce specific performance. It also provides for particular circumstances in which specific enforcement can or cannot be enforced by particular parties, such as contracts for the sale or rent of moveable or immoveable properties. The most important principles however are that: specific performance is purely discretionary; it is highly dependent upon the facts and circumstances of a case. Hence, it need not be granted because it is lawful to do so, but only because it is just and equitable to do so. In fact, a court cannot grant it if it feels that it will cause injustice to both parties. Damages are not a bar to specific performance, provided the defendant is willing to give compensation in the first place. However, a subsequent suit for damages cannot be entertained if a suit for specific performance is dismissed. Additionally, specific performance can even be applied mutatis mutandis, to awards and directions contained in wills and codicils as well. The methodology used in this paper is doctrinal.

Keywords: Contract, Equity, Remedy, Equitable Remedy, Specific Performance