Specific Relief Act, 1963 (Page 3)

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of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the court,Read…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…