The Specific Relief Act, 1963

PART I PRELIMINARY

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

PART II SPECIFIC RELIEF

CHAPTER I RECOVERING POSSESSION OF PROPERTY

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

CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS

• 9.Defences respecting suits for relief based on contract

CONTRACTS WHICH CAN BE SPECIFICALLY ENFORCED

• 10.Specific performance in respect of contracts
• 11.Cases in whichspecific performance of contracts connected with trusts enforceable
• 12.Specific performance of part of contract
• 13.Rights of purchaser or lessee against person with no title or imperfect title

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

• 14.Contracts not specifically enforceable
• 14A.Power of court to engage experts

PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED

• 15.Who may obtain specific performance
• 16.Personal bars to relief
• 17.Contract to sell or let property by one who has no title, not specifically enforceable
• 18.Non-enforcement except with variation
• 19.Relief against parties and persons claiming under them by subsequent title

Substituted performance of contracts, etc

• 20.Substituted performance of contract
• 20A.Special provisions for contract relating to infrastructure project
• 20B.Special Courts
• 20C.Expeditious disposal of suits
• 21.Power to award compensation in certain cases
• 22.Power to grant relief for possession, partition, refund of earnest money, etc
• 23.Liquidation of damages not a bar to specific performance
• 24.Bar of suit for compensation for breach after dismissal of suit for specific performance

ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS

• 25.Application of preceding sections to certain awards and testamentary directions to execute settlements

CHAPTER III RECTIFICATION OF INSTRUMENTS

• 26.When instrument may be rectified

CHAPTER IV RESCISSION OF CONTRACTS

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

CHAPTER V CANCELLATION OF INSTRUMENTS

• 31.When cancellation may be ordered
• 32.What instruments may be partially cancelled
• 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

CHAPTER VI DECLARATORY DECREES

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

PART III PREVENTIVE RELIEF

CHAPTER VII INJUNCTIONS GENERALLY

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

CHAPTER VIII PERPETUAL INJUNCTIONS

• 38.Perpetual injunction when granted
• 39.Mandatory injunctions
• 40.Damages in lieu of, or in addition to, injunction
• 41.Injunction when refused
• 42.Injunction to perform negative agreement