Specific Relief Act, 1963
Bare Act · 1963
An Act to define and amend the law relating to certain kinds of specific relief.
In the syllabus of: AIBE · Andhra Pradesh Civil Judge · Bihar Civil Judge · Bihar Higher Judiciary · CG Civil Judge · Delhi Civil Judge · Delhi Higher Judiciary · Gujarat Civil Judge · Haryana Civil Judge · HP Civil Judge · J&K Civil Judge · Jharkhand Civil Judge · Karnataka Civil Judge · Kerala Civil Judge · Maharashtra Civil Judge · MP Civil Judge · MP Higher Judiciary · Odisha Civil Judge · Punjab Civil Judge · Rajasthan Civil Judge · Rajasthan Higher Judiciary · RIICO JLO · Tamil Nadu Civil Judge · Telangana Civil Judge · Telangana Higher Judiciary · UP Civil Judge · UP Higher Judiciary · Uttarakhand Civil Judge · West Bengal Civil Judge · All State Higher Judiciary exams · All State Civil Judge exams
- Act number
- 47 of 1963
- Enacted
- 13 December 1963
- Contents
- 48 sections · 9 chapters
Free to read: the full English text of every section.
Contents
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 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
- 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
- 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
- Section 25 – Application of preceding sections to certain awards and testamentary directions to execute settlements.
Chapter III — Rectification Of Instruments
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
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.] THE SCHEDULE. THE SPECIFIC RELIEF ACT, 1963