SPECIFIC RELIEF

BY,
SAJ KUMAR R C
SPECIFIC RELIEF ACT, 1963
An Indian legislation enacted by
the Parliament of India which takes care of a
large number of remedial aspects of law.
Came in the replacement of the earlier Act of
1877
Mission is to assure that whenever there is a
wrong there must be a remedy.

THE GENESIS OF SPECIFIC RELIEF
BREACH OF
CONTRACT
DAMAGE
INDIAN
CONTRACT ACT
SPECIFIC
PERFORMANCE
SPECIFIC
RELIEF ACT
KINDS OF SPECIFIC RELIEF
Recovery of possession of property, movable
and immovable
Declaratory decrees
Rectification of instruments
Rescission of contracts
Cancellation of instruments
Injunctions
Specific performance of contracts
Recovery of possession of
movable property:

Specific and immediate recovery of movable
property can be obtained by the plaintiff
when the defendant holds it as a trustee or
agent of the plaintiff or
when compensation is not an adequate relief or
when assessment of damages is difficult

Recovery of possession of
immoveable property:

Where a person in possession of
immoveable property is dispossessed
without his consent and otherwise than in
due course of law, he is entitled to recover
possession if he comes to court within 6
months.

Declaratory decree

specific relief that can be obtained by the
plaintiff against the defendant
when the plaintiff is entitled to any right and
the defendant denies or is interested to deny
the plaintiffs title to such right.


Rectification of Contract

Rectification of a contract or instrument which does
not represent the actual intention of the parties
because of fraud or mutual mistake can be ordered
to be rectified by the court at the instance of either
parties to the agreement.
Rescission of Contract

When a party to a contract has refused to perform, or
disabled himself from performing, his promise in its
entirely the promisee may put an end to the contract,
unless he has signifies by word or conduct his
acquiescence in its continuance

Cancellation of an
instrument
Cancellation of instrument can be sought by the
plaintiff if the agreement is void or voidable and he
has an apprehension that if it is left outstanding, it
may cause him serious injury.

Injunction
An order of Court to restrain the doing, continuance or
repetition of some wrongful conduct which is against the
contract.
Condition precedents for the grant of an injunction:

The Plaintiff must have interest to protect;
Damages must be shown not to be adequate remedy i.e.
the Plaintiff will suffer irreparable harm if the injunction is
not granted;
That is danger unless restrained,
the Defendant will breach the contract or continue with
the breach

Specific Performance of
Contracts
The specific performance of any contract may in
the discretion of the court be enforced:

Agreed to be done is in the performance, wholly or
partly, of a trust:
Compensation in money is not an adequate remedy
No standard for ascertaining actual damage
Pecuniary compensation cannot be got for the non-
performance