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:-
