The Specific Relief Act, 1963

The Specific Relief Act, 1963 lays down the legal provisions for obtaining a specific performance of a contract or an injunction restraining a party from committing a breach of contract.

Specific PerformanceInjunctionsDeclaratory JudgmentsBreach Of ContractReceiverPossession Of Property

Summary

The Specific Relief Act, 1963 is an Indian law that provides for the specific enforcement of certain types of contracts, as well as the granting of injunctions in certain situations. The Act applies to cases where monetary compensation is not an adequate remedy, and where the court can order the party in breach of contract to perform specific acts. The Act provides for the following types of reliefs: specific performance of a contract, injunctions, and declaratory judgments. The Act also sets out the grounds on which specific performance can be refused, such as if the contract is uncertain or if it involves personal services. The Act also provides for the appointment of a receiver in certain circumstances, as well as the recovery of possession of property.

PART I
PRELIMINARY

Section 1 : Short title, extent and commencement

Section 2 : Definitions

Section 3 : Savings

Section 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

Section 5 : Recovery of specific immovable property

Section 6 : Suit by person dispossessed of immovable property

Section 7 : Recovery of specific movable property

Section 8 : Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession

CHAPTER II
SPECIFIC PERFORMANCE OF CONTRACTS

Section 9 : Defences respecting suits for relief based on contract

CHAPTER II
CONTRACTS WHICH CAN BE SPECIFICALLY ENFORCED

Section 10 : Cases in which specific performance of contract enforceable

Section 11 : Cases in which specific performance of contracts connected with trusts enforceable

Section 12 : Specific performance of part of contract

Section 13 : Rights of purchaser or lessee against person with no title or imperfect title

CHAPTER II
CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

Section 14 : Contracts not specifically enforceable

Section 14A : Power of court to engage experts

CHAPTER II
PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED

Section 15 : Who may obtain specific performance

Section 16 : Personal bars to relief

Section 17 : Contract to sell or let property by one who has no title, not specifically enforceable

Section 18 : Non-enforcement except with variation

Section 19 : Relief against parties and persons claiming under them by subsequent title

CHAPTER II
Substituted performance of contracts, etc.

Section 20 : Substituted performance of contract

Section 20A : Special provisions for contract relating to infrastructure project

Section 20B : Special Courts

Section 20C : Expeditious disposal of suits

Section 21 : Power to award compensation in certain cases

Section 22 : Power to grant relief for possession, partition, refund of earnest money, etc

Section 23 : Liquidation of damages not a bar to specific performance

Section 24 : Bar of suit for compensation for breach after dismissal of suit for specific performance

CHAPTER II
ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS

Section 25 : Application of preceding sections to certain awards and testamentary directions to execute settlements

CHAPTER III
RECTIFICATION OF INSTRUMENTS

Section 26 : When instrument may be rectified

CHAPTER IV
RESCISSION OF CONTRACTS

Section 27 : When rescission may be adjudged or refused

Section 28 : Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed

Section 29 : Alternative prayer for rescission in suit for specific performance

Section 30 : Court may require parties rescinding to do equity

CHAPTER V
CANCELLATION OF INSTRUMENTS

Section 31 : When cancellation may be ordered

Section 32 : What instruments may be partially cancelled

Section 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

Section 34 : Discretion of court as to declaration of status or right

Section 35 : Effect of declaration

PART III PREVENTIVE RELIEF

CHAPTER VII
INJUNCTIONS GENERALLY

Section 36 : Preventive relief how granted

Section 37 : Temporary and perpetual injunctions

CHAPTER VIII
PERPETUAL INJUNCTIONS

Section 38 : Perpetual injunction when granted

Section 39 : Mandatory injunctions

Section 40 : Damages in lieu of, or in addition to, injunction

Section 41 : Injunction when refused

Section 42 : Injunction to perform negative agreement

Section 43 : Repealed

Section 44 : Repealed

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