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Specific Relief Act 1963

THE SPECIFIC RELIEF ACT, 1963
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ARRANGEMENT OF SECTIONS
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PART I
PRELIMINARY

SECTIONS

1. Short title, extent and commencement.
2. Definitions.
3. Savings.
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 person 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. Defences respecting suits for relief based on contract.

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

10. Specific performance in respect of contracts.
11. Cases in which specific performance of contracts connected with trusts 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.
14A. Power of court to engage experts.

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.

Substituted performance of contracts, etc.

20. Substituted performance of contract
20A. Special provisions for contract relating to infrastructure project.
20B. Special Courts.
20C. Expeditious disposal of suits.
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. When 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. [Repealed.].
44. [Repealed.].

THE SCHEDULE.

Shenbagam v. KK Rathinavel

Specific Relief Act, 1963 – Merely averring that the plaintiff was waiting with the balance consideration and believed that the defendant would clear the encumbrance is insufficient to prove that the plaintiff was willing to perform his obligations under the contract.

S.T. Gyaltsen v. Kalu Tamang

Code of Civil Procedure, 1908 ~ Sections 9, 100 and 151 ~ Specific Relief Act, 1963 ~ Sections 10 and 39 ~ Appeal ~ Suit for declaration, specific performance of contract, mandatory injunction, and other consequential reliefs ~ Court cannot make out a case which was not even pleaded.