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The Specific Relief Act, 1963

Central

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

Act number
47 of 1963
Ministry
Ministry of Law and Justice
Department
Legislative Department
Enacted
13 Dec 1963

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

48 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Savings.
  4. Section 4Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws.
  5. Section 5Recovery of specific immovable property.
  6. Section 6Suit by person dispossessed of immovable property.
  7. Section 7Recovery of specific movable property.
  8. Section 8Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.
  9. Section 9Defences respecting suits for relief based on contract.
  10. Section 10Cases in which specific performance of contract enforceable.
  11. Section 11Cases in which specific performance of contracts connected with trusts enforceable.
  12. Section 12Specific performance of part of contract.
  13. Section 13Rights of purchaser or lessee against person with no title or imperfect title.
  14. Section 14Contracts not specifically enforceable.
  15. Section 14APower of court to engage experts.
  16. Section 15Who may obtain specific performance.
  17. Section 16Personal bars to relief.
  18. Section 17Contract to sell or let property by one who has no title, not specifically enforceable.
  19. Section 18Non-enforcement except with variation.
  20. Section 19Relief against parties and persons claiming under them by subsequent title.
  21. Section 20Substituted performance of contract
  22. Section 20ASpecial provisions for contract relating to infrastructure project.
  23. Section 20BSpecial Courts.
  24. Section 20CExpeditious disposal of suits.
  25. Section 21Power to award compensation in certain cases.
  26. Section 22Power to grant relief for possession, partition, refund of earnest money, etc.
  27. Section 23Liquidation of damages not a bar to specific performance.
  28. Section 24Bar of suit for compensation for breach after dismissal of suit for specific performance.
  29. Section 25Application of preceding sections to certain awards and testamentary directions to execute settlements.
  30. Section 26When instrument may be rectified.
  31. Section 27When rescission may be adjudged or refused.
  32. Section 28Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed.
  33. Section 29Alternative prayer for rescission in suit for specific performance.
  34. Section 30Court may require parties rescinding to do equity.
  35. Section 31When cancellation may be ordered.
  36. Section 32What instruments may be partially cancelled.
  37. Section 33Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable.
  38. Section 34Discretion of court as to declaration of status or right.
  39. Section 35Effect of declaration.
  40. Section 36Preventive relief how granted.
  41. Section 37Temporary and perpetual injunctions.
  42. Section 38Perpetual injunction when granted.
  43. Section 39Mandatory injunctions.
  44. Section 40Damages in lieu of, or in addition to, injunction.
  45. Section 41Injunction when refused.
  46. Section 42Injunction to perform negative agreement.
  47. Section 43Repealed.
  48. Section 44Repealed.