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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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