Sections 9-11 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 9 to 11 open the part of the Act that deals with contracts which can be specifically enforced. Section 9 lets a defendant plead any ground available under the law of contract. Section 10 says specific performance "shall be enforced by the court" subject to three provisions. Section 11 deals with contracts connected with trusts.
This article follows the consolidated text of the Act consulted (amendments shown up to Act 18 of 2018). Later amendments should be checked before you rely on any provision.
Section 9 allows the person against whom relief is claimed to plead any ground available under any law relating to contracts. Section 10 (substituted by the 2018 Act) says specific performance of a contract shall be enforced by the court, subject to section 11(2), section 14 and section 16. Section 11(1) applies the same "shall" to contracts for performing a trust, wholly or partly; section 11(2) says a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.
Where these sections sit
Chapter II of Part II is headed "Specific performance of contracts". Its first sub-heading, "Contracts which can be specifically enforced", covers sections 10 to 13. Section 9 stands just before it and applies to the whole Chapter. If you are weighing a claim to have a contract carried out in its terms, a commercial suit filing review can help you place your facts against these sections.
Section 9: defences based on the law of contract
Section 9 reads: "Except as otherwise provided herein where any relief is claimed under this Chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law relating to contracts."
Plainly, the Chapter does not shut the defendant out of the ordinary grounds on which a contract can be challenged. A defendant can say there was no valid contract, that consent was not valid, that the agreement is void, and so on, using whatever the law of contract allows. The Indian Contract Act, 1872 is the main source. Our posts on that Act explain the grounds: on what agreements are contracts and the essentials of a valid contract, on fraud, on misrepresentation and on voidable agreements where consent is not valid. Those posts are about the Contract Act; the section numbers there are that Act's numbers, not this Act's.
The opening words "Except as otherwise provided herein" mean that where this Act itself lays down a specific rule, that rule applies.
Section 10: specific performance shall be enforced
Section 10 is printed inside square brackets with a footnote: "Subs. by Act 18 of 2018, s 3, for section 10 (w.e.f. 1-10-2018)." The footnote does not quote the earlier section, so this article does not describe it. All that can be said from the text consulted is that section 10 was substituted in 2018, with effect from 1 October 2018.
The text now reads: "The specific performance of a contract shall be enforced by the court subject to the provisions contained in sub-section (2) of section 11, section 14 and section 16."
Three points arise from the wording.
- "shall be enforced": the language is mandatory. The section states the rule as enforcement.
- Three limits: the rule is "subject to" section 11(2) (trustee's excess or breach of trust), section 14 (contracts not specifically enforceable) and section 16 (personal bars to relief). These are the doors through which enforcement can be refused.
- No other limit is written into section 10 itself.
Section 14 is covered by our post on when specific performance cannot be granted under section 14. In short, as the text consulted prints it, section 14 lists four kinds of contract that cannot be specifically enforced, including a contract where substituted performance has been obtained under section 20, one needing a continuous duty the court cannot supervise, one dependent on personal qualifications, and one that is by nature determinable. Section 16 is explained in our article on personal bars to relief and readiness and willingness.
| Provision named in section 10 | What it covers |
|---|---|
| Section 11(2) | A trustee's contract in excess of powers or in breach of trust cannot be specifically enforced |
| Section 14 | Four classes of contract not specifically enforceable |
| Section 16 | Persons in whose favour specific performance cannot be enforced |
Section 11: contracts connected with trusts
Section 11(1)
"Except as otherwise provided in this Act, specific performance of a contract shall be enforced when the act agreed to be done is in the performance wholly or partly of a trust."
The footnote to the words "contract shall" says they were substituted by Act 18 of 2018, section 4, for "contract may, in the discretion of the court". So the earlier words were "contract may, in the discretion of the court", and the 2018 Act replaced them with "contract shall". The text is otherwise unchanged in sub-section (1). The printed sentence in the consulted text has a stray comma after "shall"; that is how it appears.
In plain words: if what the contract requires someone to do is, in whole or in part, the carrying out of a trust, specific performance is to be enforced, except as otherwise provided in the Act. "Trust" has the meaning given in section 2(c); see sections 1-2. For the trustee's own duty to carry out the trust, see our post on the Indian Trusts Act, 1882, duty of the trustee to execute the trust.
Section 11(2)
"A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced." The protection runs the other way here: a trustee who goes beyond his powers, or who breaches the trust, cannot be held to the contract by a decree of specific performance. For the extent of a trustee's authority under that Act, see our post on the Indian Trusts Act, 1882, general authority of a trustee.
| Provision | Rule | Key words |
|---|---|---|
| 11(1) | Specific performance shall be enforced when the act agreed is performance of a trust, wholly or partly | "Except as otherwise provided in this Act"; 2018 change from "may, in the discretion of the court" to "shall" |
| 11(2) | A trustee's contract in excess of powers or in breach of trust cannot be specifically enforced | Also named in section 10 as a limit |
What this means for contracting parties
A buyer, seller, landlord, contractor or company going into a contract should treat the three limits in section 10 as a checklist. Is the contract of a kind listed in section 14? Does the party seeking performance fall within a bar in section 16? Is a trustee involved who may have stepped outside the trust? These questions should be asked when the contract is drafted, not after a dispute has begun.
The text consulted does not state any period within which a suit for specific performance must be filed. For that, see the Limitation Act article on specific performance and compensation for breach of contract.
Need help with a specific performance claim?
If you are the buyer who wants the contract carried out, or the seller facing such a claim, the question usually turns on section 14, section 16 and the defences available under the law of contract. We can look at the contract and the correspondence with you and map the claim or the defence.
Key takeaways
- Section 9 lets the defendant plead any ground available under any law relating to contracts.
- Section 10 was substituted by Act 18 of 2018 (w.e.f. 1 October 2018); the text consulted does not print the earlier section.
- Section 10 says specific performance shall be enforced, subject to section 11(2), section 14 and section 16.
- Section 11(1), as amended in 2018, says "shall" where it earlier said "may, in the discretion of the court".
- Section 11(2): a trustee's contract in excess of powers or in breach of trust cannot be specifically enforced.
Read next
- Section 12 of the Specific Relief Act, 1963: specific performance of part of a contract
- Section 16 of the Specific Relief Act, 1963: personal bars to relief, readiness and willingness
- When specific performance cannot be granted: section 14
- Sections 7-8 of the Specific Relief Act, 1963: recovery of specific movable property
Disclaimer: Based on a consolidated text of the Specific Relief Act, 1963 showing amendments up to the Specific Relief (Amendment) Act, 2018 (in force from 1 October 2018), as consulted on 2 October 2026. Later amendments, notifications under the Act and the law of limitation should be checked. This article is general information, not legal advice; check the official text before acting.