PART II SPECIFIC RELIEF · CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS · PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED · Substituted performance of contracts, etc

Section 22: Power to grant relief for possession, partition, refund of earnest money, etc

The Specific Relief Act, 1963

(1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure,1908 (5 of 1908), any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for—

(a) possession, or partition and separate possession, of the property, in addition to such performance; or

(b) any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or ¹[made by] him, in case his claim for specific performance is refused.

(2) No relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it has been specifically claimed:

Provident that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief.

(3) The power of the court to grant relief under clause (b) of sub-section (1) shall be without prejudice to its powers to award compensation under section 21.

Footnotes in the official text

1.Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for “made to” (w.e.f. 29-12-1964).

Questions on this section

1 question in 6 of our papers cite Section 22. Try these from the free papers:

1. Consider the following statements under Section 22 of the Specific Relief Act, 1963: 1. Section 22 applies equally to suits for specific performance of contracts for the sale of movable property. 2. A person suing for specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for partition and separate possession of the property in addition to such performance. 3. Section 22(1) operates notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908. Which of the statements given above is/are correct?

Practise questions on Specific Relief Act