2. INTRODUCTION
“ ubi jus ibi remedium “
Specific Relief Act was enacted in 1877. The Act was
originally drafted upon the lines of the Draft, New
York Civil Code, 1862, and its main provisions
embodied the doctrines evolved by the English Equity
Courts.The Specific Relief Act, 1963 is the outcome of
the acceptance by the Central Government on the
recommendations made by the Law Commission of
India. A bill to repeal the Act of 1877 was introduced
in Lok Sabha and was passed by the both the houses
of Parliament and on 13th December, 1963 the
President assented to the same. by:Reshma Azath
3. MEANING OF SPECIFIC RELIEF ACT
The Specific Relief Act provides for specific reliefs.
Specific relief means relief of certain species, i.e. an
exact or particular, a narned, fixed or determined
relief. The term is generally understood and providing
relief of a specific kind rather than a general relief or
damages or compensation.
In case of the Specific Relief, the plaintiff claims the
very thing to which he is entitled. In case of
Compensatory Relief, he obtains the compensation
for loss. Specific Relief is only granted for enforcing
civil rights and not penal rights (Sec-4).Specific Relief
is an equitable relief. A person seeking specific relief
must come to the court with clean hands. Granting of
Specific relief is the discretion of the court by:Reshma Azath
4. Laws fall into three categories
Those which define Rights.
Those which define Remedies.
Those which define Procedure.
The Law of Specific Relief belongs to the second category. It
is a law which deals with'Remedies'.The term 'relief is only
another word for remedy which a Court is allowed by law to
grant to suitors. Before the passing of the Specific Relief Act
the law as to Specific Relief was contained in Sections 15 and
192 of the Civil Procedure Code of 1859.The Act aims to
define and amend the law relating to Specific Relief
obtainable in Civil Court.
by:Reshma Azath
9. Remedies:
1. Recovery of Possession of Property (Sec-5-8)
2. Specific Performance of Contract (Sec-9-25)
3. Rectification of Instruments (Sec-26)
4. Rescission of Contract (Sec-27-30)
5. Cancellation of Instruments (Sec-31-33)
6. Declaratory Decrees (Sec-34-35)
7. Preventive Relief (Sec-36-42)
by:Reshma Azath
10. Important Sections:
Section -1 Short title, extent and commencement.
Section 2 - Defnitions.
Section 5 - Recovery of speciÞc immovable property.
Section 6 - Suit by person dispossessed of immovable property.
Section 7 - Recovery of speciÞc movable property.
Section 9 - Defences respecting suits for relief based on contract.
Section 10 - Cases in which speciÞc performance of contract
enforceable.
Section 12 - SpeciÞc performance of part of contract.
Section 14 - Contracts not speciÞcally enforceable.
Section 14A - Power of court to engage experts.
by:Reshma Azath
11. Section 15 - Who may obtain speciÞc performance.
Section 16 - Personal bars to relief.
Section 20 - Substituted performance of contract.
Section 20C - Expeditious disposal of suits.
Section 21 - Power to award compensation in certain
cases.
Section 23 - Liquidation of damages not a bar to
speciÞc performance.
Section 26 - When instrument may be rectiÞed.
Section 27 - Where rescission may be adjudged or
refused.
by:Reshma Azath
12. Section 31 - When cancellation may be ordered.
Section 34 - Discretion of court as to declaration of
status or right.
Section 35 - Effect of declaration
Section 37 - Temporary and 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
by:Reshma Azath
14. Case law:
2018 amendment to the specific relief act is
prospective and cannot apply to those
transcation that took place prior to its coming
into force .
Parties: Katta sujatha reddy vs siddamsetty
infra projects pvt.ltd
Citation : CA 5822-5824 of 2022
Coram: CJI NV RAMANA,JUSTICE KRISHNA
MURAI AND JUSTICE HIMA KHOLI
by:Reshma Azath
16. Section 2
Obligation
Settlement
Trust
Trustee
All other words and Expression .
by:Reshma Azath
17. Section 3 of Indian Trust Act
An obligation annexed to the ownership of property,
& arising out of a confidence reposed in & accepted
by the owner for the benefit of another or for another
and owner
Might be for – Personal or Family (Private Trust)
General Public (Public Trust) welfare purpose
by:Reshma Azath
19. Essentials:
“Author” – The person who reposes or declares the confidence
“trustee” – The person who accepts the confidence
“beneficiary” – the person for whose benefit the confidence is
accepted
“trust property” or “trust money” – the subject-matter of the
trust
“beneficial interest” or “interest” – the beneficiary’s against the
trustee as owner of the trust property
“instrument of trust” – the instrument, if any, by wh trust is
declared
“breach of trust” – A breach of any duty imposed o trustee, as
such, by any law for the time being in force.
by:Reshma Azath
20. Section 3
Any rights in contract Act
Indian Registration Act, 1908
by:Reshma Azath
21. Section -4
Only for Civil rights not for penal laws
by:Reshma Azath
