This is a special Act.Though it has less sections but all are very effective. The Court can see this Act as guidance to use its discretion in judicious manner.

1. Specific Relief Act, 1963Specific Relief Act, 1963
­The Act contains ­The Act contains ThreeThree parts and parts and EightEight Chapters. Chapters.
­PART 1 ­PART 1 [[PreliminaryPreliminary]] contains contains fourfour sections. sections.
Important section is section Important section is section twotwo in which there in which there
are definitions of different terms used in Act. It are definitions of different terms used in Act. It
also states that the term which is not defined in also states that the term which is not defined in
this act has same definitions as defined in this act has same definitions as defined in
Indian Contract Act.Indian Contract Act.
­Section 4 states that specific relief is only ­Section 4 states that specific relief is only
granted for enforcing civil rights and not penal granted for enforcing civil rights and not penal
rights.rights.

2. Part II :Part II : SpecificSpecific ReliefRelief
This part contains six chapters.This part contains six chapters.
Chapter IChapter I : : Recovering Possession of Property.Recovering Possession of Property.
Chapter IIChapter II : : Specific Performance of Contracts.Specific Performance of Contracts.
Chapter IIIChapter III : : Rectification of Instruments.Rectification of Instruments.
Chapter IVChapter IV : : Rescission of Contracts.Rescission of Contracts.
Chapter VChapter V : : Cancellation of Instruments.Cancellation of Instruments.
Chapter VIChapter VI : : Declaratory Decrees.Declaratory Decrees.

3. Chapter IChapter I
Recovering Possession Of Property.Recovering Possession Of Property.
­Under this chapter the person can recover movable ­Under this chapter the person can recover movable
and immovable property.and immovable property.
­The suit for possession of immovable property must ­The suit for possession of immovable property must
be filed within six months from the dispossession. be filed within six months from the dispossession.
­Such suit cannot be filed against Government.­Such suit cannot be filed against Government.
­The possession is claimed on basis of previous ­The possession is claimed on basis of previous
possession and Title is immaterial.possession and Title is immaterial.

4. Chapter IChapter I
Recovering Possession Of Property.Recovering Possession Of Property.
Any person is possession of movable property ofAny person is possession of movable property of
which he is not owner may be compelledwhich he is not owner may be compelled
specifically to deliver it to person entitled inspecifically to deliver it to person entitled in
following cases:-following cases:-
When the thing claimed is held by the defendant asWhen the thing claimed is held by the defendant as
the agent or trustee of the plaintiff;the agent or trustee of the plaintiff;
When compensation in money would not afford theWhen compensation in money would not afford the
plaintiff adequate relief for the loss of the thingplaintiff adequate relief for the loss of the thing
claimed;claimed;
When it would be extremely difficult to ascertainWhen it would be extremely difficult to ascertain

5. Chapter IIChapter II
Specific Performance of Contracts.Specific Performance of Contracts.
This is important chapter and can be sub divided as This is important chapter and can be sub divided as
under:under:
­ Contracts which can be specifically enforced.­ Contracts which can be specifically enforced.
­ Contracts which cannot be specifically enforced.­ Contracts which cannot be specifically enforced.
­ Persons for or against whom contracts may be ­ Persons for or against whom contracts may be
specifically enforced.specifically enforced.
­ Discretion and powers of Courts.­ Discretion and powers of Courts.

6. Contracts which can be specifically Contracts which can be specifically
enforced.enforced.
­ When there exists no standard for ascertaining ­ When there exists no standard for ascertaining
the actual damage caused by the non­ the actual damage caused by the non­
performance of the act agreed to be done; orperformance of the act agreed to be done; or
­ When the act agreed to be done is such that ­ When the act agreed to be done is such that
compensation in money for its non­ performance compensation in money for its non­ performance
would not afford adequate relief.would not afford adequate relief.
­ In case of immovable property the Court would ­ In case of immovable property the Court would
presumed that breach cannot be compensated by presumed that breach cannot be compensated by
money.money.
­ In case of movable property the Court would ­ In case of movable property the Court would
presumed that breach could be adequately presumed that breach could be adequately

7. When Court will grant specific When Court will grant specific
performance of contractperformance of contract
­ When part unperformed bears only small ­ When part unperformed bears only small
proportion to the whole in value and admits proportion to the whole in value and admits
compensation in money.compensation in money.
­ Where the other party pays or paid the agreed ­ Where the other party pays or paid the agreed
consideration for the whole contract.consideration for the whole contract.
­ If the other party relinquishes all claims to the ­ If the other party relinquishes all claims to the
performance of the remaining part of the performance of the remaining part of the
contract and all right of compensation.contract and all right of compensation.
­ Where a part of contract stands on independent ­ Where a part of contract stands on independent
and separate footing.and separate footing.

8. Rights of purchaser against person Rights of purchaser against person
with no title or imperfect titlewith no title or imperfect title
­If subsequent interest is acquired, the purchaser ­If subsequent interest is acquired, the purchaser
may compel to make good the contract.may compel to make good the contract.
­Where concurrence or conveyance is required from ­Where concurrence or conveyance is required from
persons who at the request of vendor can give such persons who at the request of vendor can give such
concurrence or conveyance necessary to validate concurrence or conveyance necessary to validate
the title the purchaser may compel him to procure the title the purchaser may compel him to procure
such concurrence or conveyance.such concurrence or conveyance.
­ Purchaser can compel vendor to redeem mortgage.­ Purchaser can compel vendor to redeem mortgage.
­ Where vendor's suit is dismissed for want of perfect ­ Where vendor's suit is dismissed for want of perfect
title the purchaser­defendant is entitled for return title the purchaser­defendant is entitled for return

9. Contracts which cannot be specifically Contracts which cannot be specifically
enforced.enforced.
­ when non­performance can be compensated by ­ when non­performance can be compensated by
money.money.
­ which runs into minute or numerous details.­ which runs into minute or numerous details.
­ which is dependent on the personal qualifications ­ which is dependent on the personal qualifications
or volition of parties.or volition of parties.
­ which is in nature determinable.­ which is in nature determinable.
­ which involves the performance of continuous duty ­ which involves the performance of continuous duty
which court cannot supervise.which court cannot supervise.
­ contract to refer present or future differences to ­ contract to refer present or future differences to

10. When Court may grant specific When Court may grant specific
performance of contractperformance of contract
­ to execute mortgage or furnishing any other ­ to execute mortgage or furnishing any other
security for repayment of loan.security for repayment of loan.
­ to take up or pay for any debentures of a company.­ to take up or pay for any debentures of a company.
­ the execution of formal partnership deed when ­ the execution of formal partnership deed when
parties have commenced partnership business.parties have commenced partnership business.
­ the purchase of a share of a partner.­ the purchase of a share of a partner.
­ for construction of building or execution of any ­ for construction of building or execution of any
other work on land. Provided building or other other work on land. Provided building or other
work is described in contract, that compensation work is described in contract, that compensation
would not be adequate relief and defendant had would not be adequate relief and defendant had

11. Who may obtain specific Who may obtain specific
performance.performance.
­ any parties thereto.­ any parties thereto.
­ the representative­in­interest or the principal of ­ the representative­in­interest or the principal of
any party thereto.any party thereto.
­ where contract is a settlement on marriage, or a ­ where contract is a settlement on marriage, or a
compromise of doubtful rights between same compromise of doubtful rights between same
members of family any person beneficially entitled.members of family any person beneficially entitled.
­ remainderman of tenant.­ remainderman of tenant.
­ a reversioner in possession.­ a reversioner in possession.

12. Specific performance cannot be Specific performance cannot be
enforced in favour of person­enforced in favour of person­
- who would not be entitled to recover- who would not be entitled to recover
compensation for its breach;compensation for its breach;
- who has become incapable of performing- who has become incapable of performing
contract;contract;
- who violates any essential term of contract;- who violates any essential term of contract;
- who acts in fraud of the contract;- who acts in fraud of the contract;
- willfully acts at variance with or in subversion of- willfully acts at variance with or in subversion of
contract.contract.
- who fails to aver and prove that he has- who fails to aver and prove that he has

13. No Title No PerformanceNo Title No Performance
Vendor cannot be given specific performanceVendor cannot be given specific performance
when he knew he has no title and then alsowhen he knew he has no title and then also
he enter into contract;he enter into contract;
Who at the time of contract believed that heWho at the time of contract believed that he
has good title but cannot give purchaser titlehas good title but cannot give purchaser title
free from reasonable doubt at the time offree from reasonable doubt at the time of
sale.sale.

14. Specific Performance of ContractSpecific Performance of Contract
may be enforce against-may be enforce against-
- either party thereto;- either party thereto;
- any other person claiming on subsequent- any other person claiming on subsequent
contract;contract;
- any person claiming on prior contract known to- any person claiming on prior contract known to
plaintiff and who had displaced defendant;plaintiff and who had displaced defendant;
- company;- company;
- promoters;- promoters;

15. Discretion and Powers of CourtDiscretion and Powers of Court
The discretion is to be used not arbitrary but soundThe discretion is to be used not arbitrary but sound
and reasonable guided by judicial principles.and reasonable guided by judicial principles.
In following cases no specific performance to beIn following cases no specific performance to be
granted:-granted:-
-Gives plaintiff an unfair advantage over defendant;-Gives plaintiff an unfair advantage over defendant;
-Performance of contract involves some hardship-Performance of contract involves some hardship
on defendant;on defendant;
-Makes contract inequitable to enforce specific-Makes contract inequitable to enforce specific
performance;performance;

16. Power to Award CompensationPower to Award Compensation
In a suit plaintiff may also claim compensation asIn a suit plaintiff may also claim compensation as
additional or substitutional relief.additional or substitutional relief.
Court can grant compensation either in case whereCourt can grant compensation either in case where
specific performance is granted or rejected.specific performance is granted or rejected.
Such compensation could only be granted if it isSuch compensation could only be granted if it is
claimed by plaintiff in a suit.claimed by plaintiff in a suit.
Even if the contract has become incapable ofEven if the contract has become incapable of
specific performance the court could grantspecific performance the court could grant
compensation.compensation.
Where suit is dismissed plaintiff cannot file freshWhere suit is dismissed plaintiff cannot file fresh

17. Power to grant reliefs.Power to grant reliefs.
Plaintiff may also claim additional relief ofPlaintiff may also claim additional relief of
possession or partition and separate possessionpossession or partition and separate possession
of property orof property or
Refund of earnest amount or deposit paidRefund of earnest amount or deposit paid
alongwith compensation in case specificalongwith compensation in case specific
performance is refused.performance is refused.
Such reliefs cannot be granted unless specificallySuch reliefs cannot be granted unless specifically
prayed.prayed.
When there is clause in contract that in case of itsWhen there is clause in contract that in case of its
breach certain amount would be paid then alsobreach certain amount would be paid then also

18. Chapter IIIChapter III : : Rectification of Rectification of
Instruments.Instruments.
When through fraud or mutual mistake of theWhen through fraud or mutual mistake of the
parties a contract does not express their realparties a contract does not express their real
intention then-intention then-
Either party or his representative in interest mayEither party or his representative in interest may
institute a suit to have the instrument rectified;orinstitute a suit to have the instrument rectified;or
In any suit pray for rectification of instrument;orIn any suit pray for rectification of instrument;or
A defendant may ask for rectification.A defendant may ask for rectification.
The court may in its discretion direct rectification ofThe court may in its discretion direct rectification of
the instrument.the instrument.

19. Chapter IVChapter IV : : Rescission of Rescission of
Contracts.Contracts.
Any person interested in a contract may sue toAny person interested in a contract may sue to
rescind contract and court may grant suchrescind contract and court may grant such
rescission if:-rescission if:-
A contract is voidable or terminable by plaintiff; orA contract is voidable or terminable by plaintiff; or
A contract is unlawful for causes not apparent onA contract is unlawful for causes not apparent on
its face and defendant is more to blame than theits face and defendant is more to blame than the
plaintiff.plaintiff.

20. Chapter IVChapter IV : : Rescission of Rescission of
Contracts.Contracts.
But court may refuse to rescind the contract;-But court may refuse to rescind the contract;-
Where the plaintiff has expressly or impliedlyWhere the plaintiff has expressly or impliedly
ratified the contract; orratified the contract; or
Where owing to change of circumstances theWhere owing to change of circumstances the
parties cannot be substantially restored to theparties cannot be substantially restored to the
position in which they stood when the contractposition in which they stood when the contract
was made;orwas made;or
Where third parties have acquired rights in goodWhere third parties have acquired rights in good
faith without notice and for value;faith without notice and for value;

21. Rescission of contract afterRescission of contract after
decree.decree.
- Where a suit for specific performance of contract- Where a suit for specific performance of contract
is decreed and purchaser does not pay theis decreed and purchaser does not pay the
purchase money which the court has ordered himpurchase money which the court has ordered him
to pay, the vendor may apply in same suit to haveto pay, the vendor may apply in same suit to have
contract rescinded and court may rescind thecontract rescinded and court may rescind the
contract and may direct:-contract and may direct:-
- Restoration of possession;- Restoration of possession;
- Refund of earnest money and other profits;- Refund of earnest money and other profits;
- Restore any benefits received;- Restore any benefits received;

22. Chapter VChapter V : : Cancellation of Cancellation of
Instruments.Instruments.
Any person against whom a written instrument isAny person against whom a written instrument is
void or voidable and who has reasonablevoid or voidable and who has reasonable
apprehension that such instrument if leftapprehension that such instrument if left
outstanding may cause him serious injury mayoutstanding may cause him serious injury may
sue to have it adjudged void or voidable and thesue to have it adjudged void or voidable and the
court may in its discretion so adjudge it andcourt may in its discretion so adjudge it and
order it to be delivered up and cancelled.order it to be delivered up and cancelled.
If the instrument has been registered the courtIf the instrument has been registered the court
shall also send a copy of its decree toshall also send a copy of its decree to
registration office.registration office.
The instrument can be cancelled partially.The instrument can be cancelled partially.

23. Chapter VIChapter VI : : Declaratory Decrees.Declaratory Decrees.
- Any person- Any person
- entitled to any legal character or to any right- entitled to any legal character or to any right
- as to any property- as to any property
- may institute a suit- may institute a suit
- against any person denying his title or right- against any person denying his title or right
- Court in its discretion make such declaration.- Court in its discretion make such declaration.
- Such declaration is binding only on parties.- Such declaration is binding only on parties.

24. PART IIIPART III
Chapter VII: Injunctions GenerallyChapter VII: Injunctions Generally
Preventive relief is granted at the discretion of thePreventive relief is granted at the discretion of the
Court by injunction, temporary or perpetual.Court by injunction, temporary or perpetual.
Temporary injunctions are for specific time.Temporary injunctions are for specific time.
Perpetual injunction at the end of suit.Perpetual injunction at the end of suit.

25. Chapter VIII: PerpetualChapter VIII: Perpetual
Injunctions.Injunctions.
- Perpetual injunctions may be granted- Perpetual injunctions may be granted
- To prevent the breach of an obligation existing in- To prevent the breach of an obligation existing in
his favour; orhis favour; or
- When defendant invades or threatens to invade- When defendant invades or threatens to invade
the right of plaintiff andthe right of plaintiff and
- Where there exists no standard for ascertaining- Where there exists no standard for ascertaining
the actual damage caused;the actual damage caused;
- Where invasion is such that compensation in- Where invasion is such that compensation in
money would not afford adequate relief;money would not afford adequate relief;

26. Mandatory Injunctions.Mandatory Injunctions.
- When to prevent the breach of obligation- When to prevent the breach of obligation
- It is necessary to compel the performance of- It is necessary to compel the performance of
certain actscertain acts
- Which the court is capable of enforcing- Which the court is capable of enforcing
- The court may grant mandatory injunction- The court may grant mandatory injunction
- To prevent the breach complained of- To prevent the breach complained of
- And also to compel performance of the requisite- And also to compel performance of the requisite
acts.acts.

27. Injunction when refusedInjunction when refused
To restrain from prosecuting a judicial proceedingTo restrain from prosecuting a judicial proceeding
pendingpending
To restrain from insituting or prosecuting anyTo restrain from insituting or prosecuting any
proceeding in a courtproceeding in a court
To restrain from applying to any legislative body;To restrain from applying to any legislative body;
To restrain from instituting or prosecuting anyTo restrain from instituting or prosecuting any
proceeding in a criminal matter.proceeding in a criminal matter.
To prevent the breach of a contract theTo prevent the breach of a contract the
performance of which would not be specificallyperformance of which would not be specifically
enforced.enforced.

28. Injunction to perform negativeInjunction to perform negative
agreement.agreement.
When contract comprises an affirmativeWhen contract comprises an affirmative
agreement to do a certain act,agreement to do a certain act,
Coupled with a negative agreement not to doCoupled with a negative agreement not to do
certain act,certain act,
The circumstances are such that the Court cannotThe circumstances are such that the Court cannot
grant specific performance of affirmativegrant specific performance of affirmative
agreement,agreement,
It shall not preclude Court from granting anIt shall not preclude Court from granting an
injunction to perform negative agreement,injunction to perform negative agreement,

29. THANK YOUTHANK YOU
Presented byPresented by
Mahesh S. LoneMahesh S. Lone
(Maharashtra, India)(Maharashtra, India)