Specific Relief Act, 1963

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 force on such date as the Central Government may, byRead…

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 a will or codicil as defined by the Indian Succession Act, 1925 (39 of 1925)] whereby the destination or devolution of successive interests movable orRead…

3. Savings. 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, which he may have under any contract; or (b) to affect the operation of the Indian Registration Act, 1908, on documents. SpecificRead…

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. Specific Relief Act full Bare Act DownloadRead…

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 (5 of 1908) Specific Relief Act full Bare ActRead…

Section 6. Specific Relief Act. (Updated) Suit by person 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 through whom he has been in possession or any person claiming through him may,Read…

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. Explanation 1- A trustee may sue under this section for the possession of movable property to the beneficial interest inRead…

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 it to the person entitled toRead…

CHAPTER II – SPECIFIC PERFORMANCE OF CONTRACTS 9. Defences 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 may plead by way of defence any groundRead…

Section 10 of Specific Relief Act (Updated) Cases in which specific performance of contract enforceable. 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. (Amendment in 2017) Here is the AmendmentRead…

Section 11 of Specific Relief Act (Updated) Cases in which specific performance of contracts connected with trusts enforceable. (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 aRead…

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 a contract is unable to perform the whole of his part of it, but theRead…

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 other provisions of this Chapter), has the following rights,Read…

Section 14A of Specific Relief Act. Power of court to engage experts. (1) Without prejudice to the generality of the provisions contained in the Code of Civil Procedure, 1908 (5 of 1908), in any suit under this Act, where the court considers it necessary to get expert opinion to assistRead…

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- (a) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20; (b) a contract, theRead…

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 interest or the principal, of any party thereto: ProvidedRead…

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)* who has obtained substituted performance of contract under section 20; or (b) who has become incapable of performing, or violates any essential term of, theRead…

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 favour of a vendor or lessor- (a) who, knowing not to have any title to the property, has contractedRead…

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 sought, except with the variation so set up, in the following cases, namely:- (a) where by fraud, mistake of factRead…

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, specific performance of a contract may be enforced against- (a) either party thereto; (b) any other person claiming under him by a title arising subsequentlyRead…

Section 20B Specific Relief Act Special Courts. The State Government, in consultation with the Chief Justice of the High Court, shall designate, by notification published in the Official Gazette, one or more Civil Courts as Special Courts, within the local limits of the area to exercise jurisdiction and to tryRead…

Substituted performance of contracts, etc. Section 20 of Specific Relief Act (Updated) Substituted performance of contract. (1) Without prejudice to the generality of the provisions contained in the Indian Contract Act, 1872 (9 of 1872), and, except as otherwise agreed upon by the parties, where the contract is broken dueRead…

Section 21 Specific Relief Act (Updated) Power to award compensation in certain cases. (1) In a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach, either in addition to* such performance. (*Amended in 2017) (2) If, in any such suit, the court decidesRead…

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 the transfer of immovable property may, in an appropriate case, ask for-Read…

Section 20C Specific Relief Act Expeditious disposal of suits. Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), a suit filed under the provisions of this Act shall be disposed of by the court within a period of twelve months from the date of service ofRead…

Section 20A Specific Relief Act Special provisions for contract relating to infrastructure project. (1) No injunction shall be granted by a court in a suit under this Act involving a contract relating to an infrastructure project specified in the Schedule, where granting injunction would cause impediment or delay in theRead…

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 and the party in default is willing to payRead…

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 plaintiff’s right to sue for compensation for the breach of such contract or part, as the case mayRead…

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 and Conciliation Act, 1996*, does not apply and to directions in aRead…

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 which the Companies Act, 1956 (1 of 1956) applies] doesRead…

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- (a) where the contract is voidable orRead…

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 purchaserRead…

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 enforced, it may be rescinded and delivered up to be cancelled; and the court,Read…

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 may have received from the other party and to make anyRead…

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 him serious injury, may sue to have it adjudged void or voidable; andRead…

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 residue. Specific Relief Act full Bare Act Download Specific Relief Act PDFRead…

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 farRead…

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 title to such character or right,Read…

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 are trustees, on the persons for whom, if in existence at the date of declaration, such parties would be trustees.Read…

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. Specific Relief Act full Bare Act Download Specific Relief Act PDFRead…

37. Temporary and perpetual injunctions. (1) Temporary injunctions are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908. (2) A perpetualRead…

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 of an obligation existing in his favour, whether expressly or by implication. (2)Read…

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 in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of theRead…

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 in substitution for, such injunction and the court may, if it thinks fit, awardRead…

Section 41 Specific Relief Act (Updated) 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 injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings; (b) toRead…

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 negative agreement, express or implied, not to do a certain act, the circumstances that the court is unable to compelRead…

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).] Specific Relief Act full Bare Act Download Specific Relief Act PDFRead…

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 Act Download Specific Relief Act PDFRead…