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, byKeep Reading

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 orKeep Reading

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. SpecificKeep Reading

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 DownloadKeep Reading

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 ActKeep Reading

6. 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 claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up inKeep Reading

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 inKeep Reading

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 toKeep Reading

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 groundKeep Reading

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 no standard for ascertaining actual damage caused by the non-performance of the act agreed toKeep Reading

11. Cases in which specific performance of contracts connected with trusts 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 done is in the performance wholly or partly of aKeep Reading

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 theKeep Reading

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,Keep Reading

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 in money is an adequate relief; (b) a contract which runs into such minute or numerous details or which is soKeep Reading

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: ProvidedKeep Reading

16. Personal bars to relief. Specific performance of a contract cannot be enforced in favour of a person- (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 contract that on his partKeep Reading