Vidhi Codex

The Specific Relief Act, 1963

The Specific Relief Act, 1963

Civil196348 sections

The Specific Relief Act, 1963, regulates how individuals and businesses in India can enforce their civil rights and contracts. It applies to anyone, including people, companies, and trustees, who need a court to hold another party to their exact agreements. This law matters immensely because monetary compensation is not always adequate to fix a legal wrong. Instead, it allows courts to force parties to fulfill specific promises—like transferring a unique property—or to issue injunctions that stop harmful actions before they occur. Ultimately, it ensures true fairness when money alone cannot repair a broken promise.

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

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