Specific relief act

1. Welcome to my presentation

2. Name: Badrul Alam
ID: 161-26-938
Section : B

3. Presentation topic: Specific Relief Act 1877.
(overview)

4. Agenda
What is specific relief:
Objects of specific relief:
How the specific relief is granted:
When the right of specific performance arises:
Contracts which are not enforceable specifically u/s 21:
For whom contracts may be specifically enforced u/s 23:
Against whom contract may be specifically enforced u/s 27:
For whom contracts cannot be specifically enforced u/s 24:

5. What is specific relief:
It is a positive remedy. It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled
under a contract and of which he has been deprived.
Objects of specific relief:
Following are the objects of specific relief:
1.Possession must be lawful as who comes for equity must do equity and come with clean hands. Ejection from
lawful possession invites lawsuit against unlawful dispossession. It also invites claim against unlawful ejection.
2. No unlawful means are used for eject-ment of possessor even dispossession is caused unlawfully. Only courts are
competent authority to grant specific relief to the affected party.
3. Person who comes for specific relief must do equity and refrain from the use of unlawful means.
4.Specific relief aims that law should not be taken into hands of an individual and just State should remain sole authority in
granting the relief to the aggrieved party.
How the specific relief is granted:
Following are the methods by which it is granted:
1. Relief and remedy:
2. Re-delivery of goods:
3. Compel to do obligatory act:
4. Prevention to do act obligatory:
5. By declaration:
6. By appointing receiver: .

6. When the right of specific performance arises:
It arises when right is infringed. A right is violated by breach of contract, trespass, and unlawful dispossession. A was tenant
in house of B for one year. B dispossessed A before completions of tenancy period without serving notice required under
agreement or after expiry of period but with unlawful means. A may bring lawsuit against B for re-entry or re-delivery. Only
notice and/or lawful means may give right to B for re-entry or dispossession.
A (seller) agrees to sell B (purchaser) property for Rs. 500,000/-. B pays Rs. 100,000/- as an advance and agrees to pay
balance amount of Rs. 400,000/- till February 28, 2001. B pays the balance amount on due date but A refuses to deliver
property. Following conditions may be applied to A:
1. A is bound to do something, which is specifically provided in contract. It is delivery of property. He may be compelled to
do so.
2. A is bound not to do which is not provided in contact. A is not allowed to refuse to deliver the property. Here preventive
relief is provided by stay order.
3. A is bound to refrain to do something, which is in violation of contract’s provisions. A cannot sell the specific property to
third party. Court may declare the right of B and it is called declaratory right.
Lawsuit in case of moveable property must be brought into Court within one month but it extends upto six months in case of
immovable property.

7. Contracts which are not enforceable specifically u/s 21:
1.Where adequate relief is admitted: .
For example, A agrees to sell B, 40 chairs at Rs. 500/- each. This is not specifically enforceable because an adequate relief
can be granted.
2. Court being incapable to supervise:
For instance, contract of personal service, to employ person on personal services, to complete library work, to cultivate land
in particular manner, for paint of picture, to marry or instances in which either minute or numerous details are involved or
dependent on personal qualification, thus not enforceable specifically in its material terms.
3. Uncertain contract:
For example, A agrees to give B his house for the sale of his goods and to furnish him with the necessary appliances. Later on
A refuses to perform his contract. This case is one for compensation and not for specific performance, the amount and nature
of the accommodation and appliances being undefined.
4. Where nature of contract is revocable: A contract nature of, which is revocable, is not specifically enforceable.
For instance, a contract for a partnership without any time fixed for its duration cannot be specifically enforced.
5. Violation of contract:
For example, a trustee is empowered to lease out certain land for ten years. Its renewal after expiry of ten years shall amounts
breach of trust.
Director can dispose of company’s property with prior sanction in meeting from shareholders. If he contracts to sell property
without any such sanction shall amount excessive use of power thus not specifically enforceable.

8. For whom contracts may be specifically enforced u/s 23:
Specific performance of contract may be obtained by competent person such as:
1. Any party: Any party to contract.
2. Interested party: Representative in interest, or the principal, of any party to contract can file suit for specific performance.
They shall cease their right to sue in case:
(1) Where learning, skill, solvency, or any personal quality of such party is a material ingredient in contract.
(2) Where contract provides against assignment but he shall be entitled to specific performance in case his part of contract
has already been performed.
3. Entitled person for family settlement:
4. Remainder-man:
5. Reversioner in possession: Reversioner in possession, where agreement is a covenant entered into with his predecessor in
title and reversioner is entitled to the benefit of such covenant.
6. Reversioner in remainder:
7. New company:
8. Promoter: Where promoter has made contracts before incorporation of company and company has not ratified his
contract.

9. Against whom contract may be specifically enforced u/s 27:
Specific performance can be enforced against:
1. Either party: Either party in contract.
2. Claimant of title: Any person claiming title except transferee for value who has paid his money in good faith and without
notice of the original contract.
For instance, A agrees to convey certain land to B on particular day. A, dies before the day comes. B may compel to legal
heirs or other representative in interest of A to perform the contract specifically.
3. Displaced claimant: Any person who claims under title and defendant has displaced him, though prior to contract and
plaintiff knows it.
4. New company: Where a public company enters into contract and later on becomes amalgamated with another public
company. The new company shall be responsible for all previous contracts.
5. Promoter: Where the company has ratified the contracts made by promoters prior to the incorporation of the company.

10. For whom contracts cannot be specifically enforced u/s 24:
Following are the persons for whom contracts cannot be specifically enforced:
1.Defective character:
For example, A, act as agent of B in sale proceed of a house but in reality he does not act as agent of B but on his own
account. This contract cannot be specifically performed in favour of A, because his defective conduct has deprived him from
legal remedy.
2.Incapable person:
For instance, A, contracts B to sell a house and to become as a tenant for ten years at specified annual rent from the date of
sale. Later on A becomes insolvent and becomes unable to pay rent. Neither he nor his assignee can enforce specific
performance of the contract.
In another example, A, leases out land to B for cultivation but B commits waste and treats the land in un-husband-like manner.
B cannot enforce specific performance of the contract.
3. Where remedy is admitted:
For instance, A agrees to sell B certain books on certain date. A fails to perform contract. B sues A and obtains compensation
for the breach. B cannot obtain specific performance of the contract.
4. Where party knows facts:
5.Defective title:

11. Thank you Sir