The Specific Relief Act, 1963

Act No. 47 of 1963 · 13th December, 1963 · Full text with footnotes.

Part I — Preliminary

Sections 1–4

• 1Short title, extent and commencement.
• 2Definitions.
• 3Savings.
• 4Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws.

Part II, Chapter I — Specific Relief: Recovering Possession of Property

Sections 5–8

• 5Recovery of specific immovable property.
• 6Suit by person dispossessed of immovable property.
• 7Recovery of specific movable property.
• 8Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.

Part II, Chapter II — Specific Relief: Specific Performance of Contracts

Sections 9–25

• 9Defences respecting suits for relief based on contract.
• 10Specific performance in respect of contracts.
• 11Cases in which specific performance of contracts connected with trusts enforceable.
• 12Specific performance of part of contract.
• 13Rights of purchaser or lessee against person with no title or imperfect title.
• 14Contracts not specifically enforceable.
• 14APower of court to engage experts.
• 15Who may obtain specific performance.
• 16Personal bars to relief.
• 17Contract to sell or let property by one who has no title, not specifically enforceable.
• 18Non-enforcement except with variation.
• 19Relief against parties and persons claiming under them by subsequent title.
• 20Substituted performance of contract.
• 20ASpecial provisions for contract relating to infrastructure project.
• 20BSpecial Courts.
• 20CExpeditious disposal of suits.
• 21Power to award compensation in certain cases.
• 22Power to grant relief for possession, partition, refund of earnest money, etc.
• 23Liquidation of damages not a bar to specific performance.
• 24Bar of suit for compensation for breach after dismissal of suit for specific performance.
• 25Application of preceding sections to certain awards and testamentary directions to execute settlements.

Part II, Chapter III — Specific Relief: Rectification of Instruments

Sections 26

• 26When instrument may be rectified.

Part II, Chapter IV — Specific Relief: Rescission of Contracts

Sections 27–30

• 27When rescission may be adjudged or refused.
• 28Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed.
• 29Alternative prayer for rescission in suit for specific performance.
• 30Court may require parties rescinding to do equity.

Part II, Chapter V — Specific Relief: Cancellation of Instruments

Sections 31–33

• 31When cancellation may be ordered.
• 32What instruments may be partially cancelled.
• 33Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable.

Part II, Chapter VI — Specific Relief: Declaratory Decrees

Sections 34–35

• 34Discretion of court as to declaration of status or right.
• 35Effect of declaration.

Part III, Chapter VII — Preventive Relief: Injunctions Generally

Sections 36–37

• 36Preventive relief how granted.
• 37Temporary and perpetual injunctions.

Part III, Chapter VIII — Preventive Relief: Perpetual Injunctions

Sections 38–44

• 38Perpetual injunction when granted.
• 39Mandatory injunctions.
• 40Damages in lieu of, or in addition to, injunction.
• 41Injunction when refused.
• 42Injunction to perform negative agreement.
• 43Repealed. [Omitted or repealed]
• 44Repealed. [Omitted or repealed]

The Schedule

The Schedule

• Sch.The Schedule

Source: Specific Relief Act, 1963 (Act No. 47 of 1963), full text with the official footnotes, including the amendments made by Act 18 of 2018 (w.e.f. 1-10-2018). Sections 43 and 44 are repealed and are listed with the official note. The Schedule (categories of infrastructure projects) is shown as a table.