SPECIFIC RELIEF ACT, 1963 PDF DOWNLOAD

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Specific Relief Act, 1963 PDF Free Download
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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 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, by notification in the Official Gazette, appoint.

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Section 1 Specific Relief Act
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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 or immovable property is disposed of or is agreed to be disposed of;

(c) “trust” has the same meaning as in section 3 of the Indian Trusts Act, 1882 (2 of 1882), and includes an obligation in the nature of a trust within the meaning of Chapter IX of that Act;

(d) “trustee” includes every person holding property in trust;

(e) all other words and expressions used herein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872), have the meanings respectively assigned to them in that Act.

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Section 2 Specific Relief Act
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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.

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Section 3 Specific Relief Act
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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.

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Section 4 Specific Relief Act
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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)

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Section 5 Specific Relief Act
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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, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
(Amended in 2017) Here is the Amendment PDF.

(2) No suit under this section shall be brought-
(a) after the expiry of six months from the date of dispossession; or
(b) against the Government.

(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.

(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.

Section 6 Specific Relief Act (Updated)
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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 in which the person for whom he is trustee is entitled.

Explanation 2-
A special or temporary right to the present possession of movable property is sufficient to support a suit under this section.

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Section 7 Specific Relief Act
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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 to its immediate possession, in any of the following cases-
(a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff;

(b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed;

(c) when it would be extremely difficult to ascertain the actual damage caused by its loss;

(d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff.

Explanation-
Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause (b) or clause (c) of this section, presume-
(a) that compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed, or, as the case may be;

(b) that it would be extremely difficult to ascertain the actual damage caused by its loss.

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Section 8 Specific Relief Act
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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 ground which is available to him under any law relating to contracts.

Law Note: Specific Performance of Contracts

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Section 9 Specific Relief Act
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