What is part performance of specific contract as per S 12 of the Specific Relief Act?

 Part performance in the Specific Relief Act means specific performance of only a part of the contract, and the general rule is that the court does not order performance of a part alone. Section 12 is the key provision, and it allows exceptions where the unperformed part is small and compensable, or in some cases where the plaintiff is willing to accept partial performance and relinquish the remaining claim and compensation.

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Supreme Court: Relinquishment Of Claims Under S.12(3) of Specific Relief Act For Part Performance Can Be Made At Any Stage Of Litigation including at appellate stage

Thus, the position of law is that relinquishment could be made at any stage of the litigation including the appellate stage. The claim of the plaintiff appellant for grant of benefit under

Section 12(3) of the Act was, therefore, rightly not rejected by

the High Court on the simple ground that it was not made at the

trial stage and had been made for the first time at the appellate

stage. In our view the claim can also not be rejected on the short

ground that it was not incorporated in the plaint or was not set

forth in writing before the Trial Court. [See: Ram Niwas v. Smt.

Omkari and another : AIR 1983 All 310] {Para 21}

REPORTABLE

IN THE SUPREME COURT OF INDIA

EXTRAORDINARY APPELLATE JURISDICTION

Petition for Special Leave to Appeal (C) No.25246/2023

VIJAY PRABHU Vs S.T. LAJAPATHIE & ORS. 

Citation: 2025 INSC 52.

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