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Specific Relief Act, 1963

[Act No. 47 of Year 1963]

Contents

Sections

Particulars

Part I

Preliminary

1

Short title, extent and commencement

2

Definitions

3

Saving

4

Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws

Part II 

Specific Relief

Chapter I 

Recovering Possession Of Property

5

Recovery of specific immovable property

6

Suit by persons dispossessed of immovable property

7

Recovery of specific movable property

8

Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession

Chapter II 

Specific Performance Of Contracts

9

Defense respecting suits for relief based on contract

 

Contracts Which Can Be Specifically Enforced

10

Cases in which specific performance of contract enforceable

11

Cases in which specific performance of contracts connected with trust enforceable

12

Specific performance of part of contract

13

Rights of purchaser or lessee against person with no title or imperfect title

 

Contracts Which Cannot Be Specifically Enforced

14

Contracts not specifically enforceable

 

Persons For Or Against Whom Contracts May Be Specifically Enforced

15

Who may obtain specific performance

16

Personal bars to relief

17

Contract to sell or let property by one who has no title, not specifically enforceable

18

Non-enforcement except with variation

19

Relief against parties and persons claiming under them by subsequent title

 

Discretion And Powers Of Court

20

Discretion as to decreeing specific performance

21

Power to award compensation in certain cases

22

Power to grant relief for possession, partition, refund of earnest money, etc.

23

Liquidation of damages not a bar to specific performance

24

Bar of suit for compensation for breach after dismissal of suit for specific performance.

 

Enforcement Of Awards And Directions To Execute Settlements

25

Application of preceding sections to certain awards and testamentary directions to execute settlements

Chapter III 

Rectification Of Instruments

26

When instrument may be rectified

Chapter IV 

Rescission Of Contracts

27

Where rescission may be adjudged or refused

28

Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed

29

Alternative prayer for rescission in suit for specific performance

30

Court may require parties rescinding to do equity

Chapter V 

Cancellation Of Instruments

31

When cancellation may be ordered

32

What instruments may be partially cancelled

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

Chapter VI 

Declaratory Decrees

34

Discretion of court as to declaration of status or right

35

Effect of declaration

Part III 

Preventive Relief

Chapter VII 

Injunctions Generally

36

Preventive relief how granted

37

Temporary and perpetual injunctions

Chapter VIII 

Perpetual Injunctions

38

Perpetual injunction when granted

39

Mandatory injunctions

40

Damages in lieu of, or in addition to, injunction

41

Injunction when refused

42

Injunction to perform negative agreement

43

Amendment of Act 10 of 1940 [Repealed by the Repealing and Amending Act, 1974 (56 of 1974)]

44

Repeal [Repealed by the Repealing and Amending Act, 1974 (56 of 1974)]

An Act to define and amend the law relating to certain kinds of specific relief

Be it enacted by Parliament in the Fourteenth Year of the Republic of India as follows: -



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