Section List

Act Number: 47

Act Name: The Specific Relief Act, 1963

Year: 1963

Enactment Date: 1963-12-13

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

Ministry: Ministry of Law and Justice

Department: Legislative Department

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