THE SPECIFIC RELIEF ACT, 1963

ACT NO. 47 OF 1963 · Enacted [13th December, 1963.] · 48 sections

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.

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.

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

Section 10.Specific performance in respect of contracts.

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.

Section 14.Contracts not specifically enforceable.

Section 14A.Power of court to engage experts.

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.

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.

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.

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.].