Supreme Court Rules 2018 Specific Relief Amendment Not Retrospective in Effect

The Supreme Court has clarified that the 2018 amendment to the Specific Relief Act, which made the grant of specific performance a mandatory relief, does not operate retrospectively.

The Bench held that the amendment applies only to suits instituted on or after October 1, 2018, and that suits filed before this date would continue to be governed by the pre-amendment regime, where specific performance remained a discretionary relief.

Restoring the First Appellate Court’s decree for specific performance, the Court observed that the seller had waived the right to terminate the contract by accepting additional consideration, rendering the subsequent termination wrongful and legally unsustainable.

[Annamalai v. Vasanthi and Ors]