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PART I (PRELIMINARY) 1. Short title, extent and commencement. (1) This Act may be called the Specific Relief Act, 1963. (2) It extends to theRead More →
2. Definitions. In this Act, unless the context otherwise requires,- (a) “obligation” includes every duty enforceable by law; (b) “settlement” means an instrument [other thanRead More →
3. Savings. Except as otherwise provided herein, nothing in this Act shall be deemed- (a) to deprive any person of any right to relief, otherRead More →
4. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Specific relief can be granted only forRead More →
PART II (SPECIFIC RELIEF) CHAPTER I – RECOVERING POSSESSION OF PROPERTY 5. Recovery of specific immovable property. A person entitled to the possession of specificRead More →
Section 6. Specific Relief Act. (Updated) Suit by person dispossessed of immovable property. (1) If any person is dispossessed without his consent of immovable propertyRead More →
7. Recovery of specific movable property. A person entitled to the possession of specific movable property may recover it in the manner provided by theRead More →
8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession. Any person having the possession or control ofRead More →
CHAPTER II – SPECIFIC PERFORMANCE OF CONTRACTS 9. Defences respecting suits for relief based on contract. Except as otherwise provided herein, where any relief isRead More →
Section 10 of Specific Relief Act (Updated) Cases in which specific performance of contract enforceable. The specific performance of a contract shall be enforced byRead More →
Section 11 of Specific Relief Act (Updated) Cases in which specific performance of contracts connected with trusts enforceable. (1) Except as otherwise provided in thisRead More →
12. Specific performance of part of contract. (1) Except as otherwise hereinafter provided in this section the court shall not direct the specific performance ofRead More →
13. Rights of purchaser or lessee against person with no title or imperfect title. (1) Where a person contracts to sell or let certain immovableRead More →
Section 14A of Specific Relief Act. Power of court to engage experts. (1) Without prejudice to the generality of the provisions contained in the CodeRead More →
CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED Section 14 of Specific Relief Act (Updated) Contracts not specifically enforceable. The following contracts cannot be specifically enforced, namely-Read More →
PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED 15. Who may obtain specific performance. Except as otherwise provided by this Chapter, the specificRead More →
Section 16 of Specific Relief Act. (Updated) Personal bars to relief. Specific performance of a contract cannot be enforced in favour of a person- (a)*Read More →
17. Contract to sell or let property by one who has no title, not specifically enforceable. (1) A contract to sell or let any immovableRead More →
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, theRead More →
Section 19 of Specific Relief Act. (Updated) Relief against parties and persons claiming under them by subsequent title. Except as otherwise provided by this Chapter,Read More →
Section 20B Specific Relief Act Special Courts. The State Government, in consultation with the Chief Justice of the High Court, shall designate, by notification publishedRead More →
Substituted performance of contracts, etc. Section 20 of Specific Relief Act (Updated) Substituted performance of contract. (1) Without prejudice to the generality of the provisionsRead More →
Section 21 Specific Relief Act (Updated) Power to award compensation in certain cases. (1) In a suit for specific performance of a contract, the plaintiffRead More →
22. Power to grant relief for possession, partition, refund of earnest money, etc. (1) Notwithstanding anything to the contrary contained in the Code of CivilRead More →
Section 20C Specific Relief Act Expeditious disposal of suits. Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), a suit filedRead More →
Section 20A Specific Relief Act Special provisions for contract relating to infrastructure project. (1) No injunction shall be granted by a court in a suitRead More →
23. Liquidation of damages not a bar to specific performance. (1) A contract, otherwise proper to be specifically enforced, may be so enforced, though aRead More →
24. Bar of suit for compensation for breach after dismissal of suit for specific performance. The dismissal of a suit for specific performance of aRead More →
ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS 25. Application of preceding sections to certain awards and testamentary directions to execute settlements. The provisions ofRead More →
CHAPTER III – RECTIFICATION OF INSTRUMENTS 26. When instrument may be rectified. (1) When, through fraud or a mutual mistake of the parties, a contractRead More →
CHAPTER IV – RESCISSION OF CONTRACTS 27. Where rescission may be adjudged or refused. (1) Any person interested in a contract may sue to haveRead More →
28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed. (1) WhereRead More →
29. Alternative prayer for rescission in suit for specific performance. A plaintiff instituting a suit for the specific performance of a contract in writing mayRead More →
30. Court may require parties rescinding to do equity. On adjudging the rescission of a contract, the court may require the party to whom suchRead More →
CHAPTER V – CANCELLATION OF INSTRUMENTS 31. When cancellation may be ordered. (1) Any person against whom a written instrument is void or voidable, andRead More →
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,Read More →
33. Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void orRead More →
CHAPTER VI – DECLARATORY DECREES 34. Discretion of court as to declaration of status or right. Any person entitled to any legal character, or toRead More →
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,Read More →
PART III (PREVENTIVE RELIEF) CHAPTER VII – INJUNCTIONS GENERALLY 36. Preventive relief how granted. Preventive relief is granted at the discretion of the court byRead More →
37. Temporary and perpetual injunctions. (1) Temporary injunctions are such as are to continue until a specified time, or until the further order of theRead More →
CHAPTER VIII – PERPETUAL INJUNCTIONS 38. Perpetual injunction when granted. (1) Subject to the other provisions contained in or referred to by this Chapter, aRead More →
39. Mandatory injunctions. When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court isRead More →
40. Damages in lieu of, or in addition to, injunction. (1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunctionRead More →
Section 41 Specific Relief Act (Updated) Injunction when refused. An injunction cannot be granted- (a) to restrain any person from prosecuting a judicial proceeding pendingRead More →
42. Injunction to perform negative agreement. Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do aRead More →
43. Amendment of Act 10 of 1940. [Rep. by the Repealing and Amending Act, 1974 (56 of 1974), sec. 2, Sch. I (w.e.f. 20-12-1974).] SpecificRead More →
44. Repeal. [Rep. by the Repealing and Amending Act, 1974 (56 of 1974), sec. 2, Sch. I (w.e.f. 20-12-1974).] Specific Relief Act full Bare ActRead More →
