Sections Particulars
Part I Preliminary
1 Short title, extent and commencement
(1) This Act may be called the Specific Relief Act, 1963. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into fo...
2 Definitions
In this Act, unless the context otherwise requires,- (a) "obligation" includes every duty enforceable by law; (b) "settlement" means an instrument (other than ...
3 Saving
Except as otherwise provided herein, nothing in this Act shall be deemed,- (a) to deprive any person of any right to relief, other than specific performance, ...
4 Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws
Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. ...
Part II Specific Relief
Chapter I Recovering Possession Of Property
5 Recovery of specific immovable property
A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908. ...
6 Suit by persons dispossessed of immovable property
(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by...
7 Recovery of specific movable property
A person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908. A trustee may sue ...
8 Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession
Any person having the possession or control of a particular article of movable property of which he is not the owner may be compelled specifically to deliver...
Chapter II Specific Performance Of Contracts
9 Defense respecting suits for relief based on contract
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 ma...
Contracts Which Can Be Specifically Enforced
10 Cases in which specific performance of contract enforceable
Except as otherwise provided in this Chapter, the specific performance of any contract may, in the discretion of the court, be enforced- (a) when there exists ...
11 Cases in which specific performance of contracts connected with trust enforceable
(1) Except as otherwise provided in this Act, specific performance of a contract may, in the discretion of the court, be enforced when the act agreed to be do...
12 Specific performance of part of contract
(1) Except as otherwise hereinafter provided in this section the court shall not direct the specific performance of a part of a contract. (2) Where a party to ...
13 Rights of purchaser or lessee against person with no title or imperfect title
(1) Where a person contracts to sell or let certain immovable property having no title or only an imperfect title, the purchaser or lessee (subject to the oth...
Contracts Which Cannot Be Specifically Enforced
14 Contracts not specifically enforceable
(1) The following contracts cannot be specifically enforced, namely,- (a) a contract for the non-performance of which compensation is an adequate relief; (b) ...
Persons For Or Against Whom Contracts May Be Specifically Enforced
15 Who may obtain specific performance
Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by- (a) any party thereto; (b) the representative in inter...
16 Personal bars to relief
(a) who would not be entitled to recover compensation for its breach; or (b) who has become incapable of performing, or violates any essential term of, the co...
17 Contract to sell or let property by one who has no title, not specifically enforceable
(1) A contract to sell or let any immovable property cannot be specifically enforced in favor of a vendor or lessor- (a) who, knowing not to have any title to ...
18 Non-enforcement except with variation
Where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the performance...
19 Relief against parties and persons claiming under them by subsequent title
Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against- (a) either party thereto; (b) any other person claimi...
Discretion And Powers Of Court
20 Discretion as to decreeing specific performance
(1) The jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so; bu...
21 Power to award compensation in certain cases
(1) In a suit for a specific performance of a contract, the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of...
22 Power to grant relief for possession, partition, refund of earnest money, etc.
(1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908, any person suing for the specific performance of a contract for t...
23 Liquidation of damages not a bar to specific performance
(1) A contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in it as the amount to be paid in case of its breach a...
24 Bar of suit for compensation for breach after dismissal of suit for specific performance.
The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiffs right to sue for compensation for the breach of such c...
Enforcement Of Awards And Directions To Execute Settlements
25 Application of preceding sections to certain awards and testamentary directions to execute settlements
The provisions of this Chapter as to contracts shall apply to awards to which the Arbitration Act, 1940, does not apply and to directions in a will or codicil...
Chapter III Rectification Of Instruments
26 When instrument may be rectified
(1) When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing (not being the articles of association of a company to w...
Chapter IV Rescission Of Contracts
27 Where rescission may be adjudged or refused
(1) Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely,-...
28 Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed
(1) Where in any suit a decree for specific performance of a contract for the sale or lease of immovable property has been made and the purchaser or lessee do...
29 Alternative prayer for rescission in suit for specific performance
A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically ...
30 Court may require parties rescinding to do equity
On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he m...
Chapter V Cancellation Of Instruments
31 When cancellation may be ordered
(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause ...
32 What instruments may be partially cancelled
Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the...
33 Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable
(1) On adjudging the cancellation of an instrument, the court may require the party to whom such relief is granted, to restore, so far as may be any benefit w...
Chapter VI Declaratory Decrees
34 Discretion of court as to declaration of status or right
Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his ti...
35 Effect of declaration
A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties ar...
Part III Preventive Relief
Chapter VII Injunctions Generally
36 Preventive relief how granted
Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. ...
37 Temporary and perpetual injunctions
(1) Temporary in junctions are such as are to continue until a specific time, or until the further order of the court, and they may be granted at any stage of...
Chapter VIII Perpetual Injunctions
38 Perpetual injunction when granted
(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach ...
39 Mandatory injunctions
When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may...
40 Damages in lieu of, or in addition to, injunction
(1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or i...
41 Injunction when refused
An injunction cannot be granted- (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injuncti...
42 Injunction to perform negative agreement
Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negati...
43 Amendment of Act 10 of 1940 [Repealed by the Repealing and Amending Act, 1974 (56 of 1974)]
44 Repeal [Repealed by the Repealing and Amending Act, 1974 (56 of 1974)]
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