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12. Before delving into the factual description, it is apposite to briefly deal with legal principles/ingredients which are inevitable for deciding these issues/relief.

13. At the outset, the court deem it fit to discuss here the point, as to whether the relief of specific performance is a discretionary relief or is a mandatory provision as made through amendment brought into the Specific VINOD Digitally by VINOD signed KUMAR MEENA KUMAR Date:

MEENA 2025.08.29 16:17:00 +0530 Relief Act 1963 (hereinafter be referred to as 'SRA') in the year 2018 (hereinafter be referred as 'the amendments').

14. It is pertinent to mention here that by way of amendment in SRA, the relief of specific performance remains no more discretionary; in other words, once, the concluded contract and the other ingredients are found to be established, the courts are bound to grant requisite relief. The main issue that is to be decided is that as to whether the amendments, as brought into SRA in the year 2018, are to be applied retrospectively or prospectively.

51. Having come to the conclusion that the 2018 amendment was not a mere procedural enactment, rather it had substantive principles built into its working, this Court cannot hold that such amendments would apply retrospectively..."

From the above quoted observations as passed by Hon'ble Apex Court, two aspects qua relief of specific performance has been clarified. Firstly, prior to the amendment this relief was just discretionary in nature, meaning thereby, the courts were having discretion to decide the relief of specific performance on the basis of equitable conditions, however, after the amendments, the relief of specific performance has been made/converted from discretionary relief/remedy into a mandatory one. In other words, after the amendments, if the specific pre-requisite and/or essential ingredient for specific performance are fulfilled/proved, the court is now obligated to grant the relief of specific performance.