Act 47 of 1963

The Specific Relief Act, 1963

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

  • Ministry of Law and Justice
  • Legislative Department
  • Enacted 1963-12-13
  • 48 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Definitions. Read
3 Savings. Read
4 Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Read
5 Recovery of specific immovable property. Read
6 Suit by person dispossessed of immovable property. Read
7 Recovery of specific movable property. Read
8 Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession. Read
9 Defences respecting suits for relief based on contract. Read
10 Cases in which specific performance of contract enforceable. Read
11 Cases in which specific performance of contracts connected with trusts enforceable. Read
12 Specific performance of part of contract. Read
13 Rights of purchaser or lessee against person with no title or imperfect title. Read
14 Contracts not specifically enforceable. Read
14A Power of court to engage experts. Read
15 Who may obtain specific performance. Read
16 Personal bars to relief. Read
17 Contract to sell or let property by one who has no title, not specifically enforceable. Read
18 Non-enforcement except with variation. Read
19 Relief against parties and persons claiming under them by subsequent title. Read
20 Substituted performance of contractRead
20A Special provisions for contract relating to infrastructure project. Read
20B Special Courts.Read
20C Expeditious disposal of suits.Read
21 Power to award compensation in certain cases. Read
22 Power to grant relief for possession, partition, refund of earnest money, etc. Read
23 Liquidation of damages not a bar to specific performance. Read
24 Bar of suit for compensation for breach after dismissal of suit for specific performance. Read
25 Application of preceding sections to certain awards and testamentary directions to execute settlements. Read
26 When instrument may be rectified. Read
27 When rescission may be adjudged or refused. Read
28 Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed. Read
29 Alternative prayer for rescission in suit for specific performance. Read
30 Court may require parties rescinding to do equity. Read
31 When cancellation may be ordered. Read
32 What instruments may be partially cancelled. Read
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. Read
34 Discretion of court as to declaration of status or right. Read
35 Effect of declaration. Read
36 Preventive relief how granted. Read
37 Temporary and perpetual injunctions. Read
38 Perpetual injunction when granted. Read
39 Mandatory injunctions. Read
40 Damages in lieu of, or in addition to, injunction. Read
41 Injunction when refused. Read
42 Injunction to perform negative agreement. Read
43 Repealed.Read
44 Repealed.Read
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