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Specific Relief Act, 1963

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HomeBrud.gifIndian LawBrud.gifIndian ActsBrud.gifSpecific Relief Act, 1963

Act No. 47 of 1963

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

[13th December, 1963.]

BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:-

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 civilrights and not for enforcing penal laws

Part II: Specific Relief

  • 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
  • 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
  • Section 14: A Contract for marriage cannot be specifically be 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
  • Section 20: Discretion as to decreeing specific performance
  • 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
  • Section 25: Application of preceding sections to certain awards and testamentary directions to execute settlements
  • Section 26: When instrument may be rectified
  • 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
  • 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 succesfully resisted as being void or voidable
  • 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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