Section 22:
Power to grant relief for possession, partition, refund of earnest money, etc.
(1)
Notwithstanding anything to the contrary contained in the Code of Civil Procedure,1908 (5 of 1908), any
person suing for the specific performance of a contract for the transfer of immovable property may, in an
appropriate case, ask for--
(a) possession, or partition and separate possession, of the property in addition to such
performance; or
(b) any other relief to which he may be entitled, including the refund of any earnest money or
deposit paid or 1[made by] him, in case his claim for specific performance is refused.
(2) No relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it
has been specifically claimed:
Provident that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any
stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim
for such relief.
(3) The power of the court to grant relief under clause (b) of sub-section (1) shall be without prejudice
to its powers to award compensation under section 21.
Notes:
1. Subs. by Act 52 of 1964, s. 3, and the Second Schedule, for made to (w.e.f. 29-12-1964).