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:-