The Act contains 3 parts and 7 chapters

Part –I preliminary contains 4 sections

S.4 states that specific Relief is only granted for

enforcing civil rights and not penal offence.
REMEDIES UNDER SPECIFIC RELIEF ACT
….
CONTRACT

BREACHED TO BE BREACHED

INJUCTIONS

Damages
for Specific
Compensa Relief
Temporary Perpetual
tion
PART II-CONTAINS 7 CHAPTERS
 Chapter:1 –Recovering possession of Property (S.5-8)
 Chapter:2-Specific Performance of Contract(S.9-25)
 Chapter:3-Rectification of Instruments (S.26)

 Chapter:4-Rescission of Contract (S.27-30)

 Chapter:5-Cancellation of Instrument (S.31-33)

 Chapter:6-Declaratory Decree (S.34-35)

 Chapter:7-Preventive Relief (S.36-44)

 RECOVERY OF POSSESSION
 The Suit for recovery of immovable property u/s.5 can be
instituted either :
 With Ownership title or
 Possessory title
The essential requirement are:
 The Plaintiff must have been unlawfully dispossessed.
 The suit must be for recovery of possession of
immovable property
 The Plaintiff must prove either title.
 In case of possessory title the Plaintiff should have been
in lawful possession of the suit property and should have
been unlawfully dispossessed.
 The suit must be instituted within 12 years from the date
of dispossession (cause of action)
Essential requisites of a suit u/S.6
 The Plaintiff must have been in the lawful possession of the
suit premises.
 The Plaintiff must have been in the unlawful (without due
process of law)dispossessed from the suit premises.
 The dispossession must have been without consent
 The dispossession must have been of immovable property
 The plaintiff must prove the immediate preceding possession
to the suit premises before being dispossessed.
 The suit must be brought within 6 months from the date of
dispossession.
 No suit can be brought against the Government under this
section.
 No appeal or review lies from any order or decree passed in
any suit under this section.
 Nothing in this section shall bar any person from suing to
establish his title to such property and to recover possession
thereof.
Distinguish between S.5 and S.6
Sr. Section.5 Section.6
no
1. The Plaintiff has to It provides a summary remedy
institute a regular suit for
ejection
2. The claim is based upon The claim is based on previous
title either ownership or possession and no proof of title is
possessory required and even a rightful owner
may be precluded from showing
his title.
3. The period of limitation The period of limitation for
for institution of suit is 12 institution of suit is 06 Months
years.
 Essential requirements of S.8
 In order that S.8 may be applicable the following
conditions must be fulfilled along with either of the clauses
mentioned in this section:
 The defendant has the possession or a control of a
particular article claimed.
 Such article is movable property.
 The defendant is not the owner of such property.
 The plaintiff is entitled to its immediate possession.
 The thing claimed is held by the defendant as the plaintiff’s
agent or trustee (or) unless the contrary is proved the court
shall presume in respect of any article of immovable
property claimed presume that:
 Compensation in terms of money would not afford
adequate relief for the loss of the thing claimed.
 It would be extremely difficult to ascertain the actual
damages caused by the loss of the thing claimed.
 SPECIFIC PERFORMANCE OF CONTRACT
(s.9-25)

Contracts Persons for or

Contracts
which can be against whom
which cannot
specifically contracts which Discretion and
be specifically
enforced may be powers of Court
enforced
S.10,11(1),12(2)(3 specifically s.20(2)
S.11(2),
)(4),s.14(3),s.20 enforced
14(1)(2)
(3) S.15,16
 CONTRACTS WHICH CAN BE SPECIFICALLY ENFORCED
S.10,11(1),12(2)(3)(4),S.14(3),S.20(3)

 Where there is no standard for ascertaining actual damages

caused by the non-performance of the act.
 When the compensation in terms of money is not the adequate
relief.
 In case of breach of contract in relation to :
 Transfer of immovable property: Compensation in terms of
money is not an adequate relief.
 Transfer of movable property: Compensation is adequate
relief.
 However in case of movable property in following cases
compensation is not an adequate relief.
 Where the article claimed is not an article of ordinary commerce
or not easily available in market
 Where such goods are of special; value or interest to the plaintiff
 Where the property is held by the defendant as the agent or
trustee of the plaintiff.
 Contracts which cannot be specifically enforced
S.11(2), 14(1)(2)
 The following contract cannot be specifically enforced:
 S.11(2): A contract made by trustee in excess of his powers or
breach of trust
 S.14(1) :
 Where compensation is adequate relief.
 Where a contract fore its performance depends upon the
personal qualifications of the party.
 A contract which is in its nature determinable in which damages
can be ascertained.
 Which involves the performance of continuous duty which the
court cannot supervise.
 Where a contract runs into minutes or numerous details.
 A contract in which the material terms are absent.
 S.14(2): In case of arbitration clause present in the Contract, the
party can seek the court to bar the suit on the ground of arbitration
clause. But in absence of such clause, no one can be compelled to
prefer an arbitration.
 Persons for or against whom contracts which may be
specifically enforced
S.15,16

WHO CAN SUE FOR SPECIFIC PERFORMANCE (s.15)

 Any party to the contract
 The representative having interest in the suit
property(Assignee, Executor, Administrator, Transferee etc)
 Any beneficiary (Where the contract is a settlement on
marriage between members of same family)
 Remainder-Tenant
 A revisioner in possession
 A revisioner in remainder
 An newly formed company out of amalgamation
 The company on behalf of its promoters.
Persons who cannot sue for specific performance S.16

 Who would not be entitled to recover the

compensation for breach of the contract
 Who has become incapable of performing the contract
 Who violates any essential terms of the contract
 Who willfully acts at variance with relation to terms of
contract
 Who fails to show his readiness or willingness to
perform (his part of the contract) the essential terms
of the contract.
DISCRETION AND POWERS OF COURT
According to S.20(2) under following circumstances the
court may exercise its discretionary powers with respect
to grant or refusal for grant of Specific performance of
Contract :
 Where the contract gives an unfair advantage top the
plaintiff over the defendant
 Where the performance of the contract would involve
some unforseen hardship to the defendant.(Its non-
performance would not cause any hardship to the
plaintiff) or
 Where the defendant enters into a contract under the
circumstances which amount to inequitable to enforce
the contract .
RECTIFICATION OF INSTRUMENTS (S.26)
 When can an instrument be rectified?
 Rectification of an instrument can be done :
 When, through fraud or a mutual mistake of the parties, a contract or
other instrument in writing does not express their real intention, then:
(a) either party or his representative in interest may institute a suit to have
the instrument rectified; or
(b) the plaintiff may, in any suit in which any right arising under the
instrument is in issue, claim in his pleading that the instrument be
rectified; or
(c) a defendant may ask for rectification of the instrument.
(d) the court may, in its discretion, direct rectification of the instrument
so as to express that intention,
(e) A contract in writing may first be rectified, and then if the party
claiming rectification has so prayed may be specifically enforced.
(f) No relief for the rectification of an instrument shall be granted unless
it has been specifically claimed.
 RESCISSION OF CONTRACT (S.27-30)
 Any person interested in contract may sue to rescind the
contract and court may grant such rescission if:
(a) where the contract is voidable or terminable by the plaintiff;
(b) where the contract is unlawful for causes not apparent on its
face and the defendant is more to blame than the plaintiff.
 the court may refuse to rescind the contract—
(a) where the plaintiff has expressly or impliedly ratified the
contract; or
(b) where, owing to the change of circumstances which has taken
place since the making of the contract the parties cannot be
substantially restored to the position in which they stood when
the contract was made; or
(c) where third parties have, during the subsistence of the
contract, acquired rights in good faith without notice and for
value; or
(d) where only a part of the contract is sought to be rescinded and
such part is not severable from the rest of the contract.
 RESCISSION OF CONTRACT AFTER SUIT IS DECREED
 Where in any suit a decree for specific performance of
a contract for the sale or lease of immovable property
has been made and the purchaser or lessee does not
pay the purchase money or other sum which the court
has ordered him to pay:
 the vendor or lessor may apply in the same suit in
which the decree is made, to have the contract
rescinded and on such application the court may, by
order, rescind the contract.
 Where a contract is rescinded the court shall direct:
 to restore such possession to the vendor or lessor
 may direct payment to the vendor or lessor of all the
rents and profits or earnest money or deposit
 CANCELLATION OF INSTRUMENT (S.31-33)
When cancellation may be ordered?
 The instrument is void against the plaintiff.
 The instrument is voidable against him.
 The instrument can cause injury to him.
 The plaintiff is under reasonable apprehension of injury.
 The injury is serious to the plaintiff.
• If the instrument has been registered the court shall also send a
copy of its decree to the registration officer to note the fact of its
cancellation.
Instruments may be partially cancelled- As per Section 32 of
the above Act the Court may allow cancellation of a part of the
document which injures the plaintiff. The good part may be
allowed to stand
Effect of cancellation of Instrument:
the court may require the party to whom such relief is granted, to
restore any benefit which he may have received from the other
party and to make any compensation to him.
 DECLARATORY DECREES(S.34-35)
Declaratory decree is a specific relief that can be obtained
by the plaintiff against the defendant.
 When the plaintiff is entitled to any right and
 The defendant denies the plaintiff such right
 Any person:
 entitled to any legal character, or
 to any right as to any property- may institute a suit against
any person denying and the court may in its discretion
make a declaration that he is so entitled to such right.
 Provided that no Court shall make any declaration where
the plaintiff, being able to seek further relief than a mere
declaration of title, omits to do so.
PREVENTIVE RELIEF (S.36-44)
 Preventive relief is granted at the discretion of the
court by way of INJUNCTION
TEMPORARY
 INJUCTION
Temporary injunctions are such
as are to continue until a specified
time
or until the further order of the
court
they may be granted at any stage
of a suit
PERPETUAL
INJUCTION
A perpetual injunction can only be
granted by the decree made at the
hearing and upon the merits of the
suit
 the defendant is thereby barred
from the commission of an act, which
would be contrary to the rights of the
plaintiff.
WHEN CAN PERPETUAL INJUCTION BE GRANTED?
Perpetual injunction can be granted—
 to prevent the breach of an obligation existing in his
favor
 When the defendant invades or threatens to invade the
plaintiff’s right to, or enjoyment of, property
 where there exists no standard for ascertaining the
actual damage caused, or likely to be caused, by the
invasion
 where the invasion is such that compensation in money
would not afford adequate relief
 where the injunction is necessary to prevent a
multiplicity of judicial proceedings.
WHEN MANDATORY INJUCTION IS GRANTED (S.39)
When, to prevent the breach of an obligation, it is
necessary to compel the performance of certain acts:
 The court may in its discretion grant an injunction to
prevent the breach
 to compel performance of the requisite acts.
This relief is applicable to the breach of any obligation,
whether arising out of a contract
INJUCTION WHEN REFUSED?(S.41)
 In following cases injunction cannot be granted;
 To restrain any person from prosecuting a judicial proceeding pending at
the institution of the suit in which the injunction is sought, unless such
restraint is necessary to prevent multiplicity of judicial cases.
 To restraint any person from insulting or prosecuting any proceeding in a
court not subordinate to that from which injunction is sought.
 To restraint any person from applying any legislative body.
 To restraint any person from instituting or persecuting any proceeding in a
criminal matter.
 To prevent breach of a contract, the performance of which would not
specifically enforced.
 To prevent, on the ground of nuisance, an act of which it is not reasonably
clear that it will be a nuisance.
 To prevent a continuing breach in which the plaintiff acquiesced.
 When equally efficacious relief can certainly be obtained by any other
usual mode of proceeding, except in case of breach of trust.
 When conduct of plaintiff or his agent is such to disentitle him to the
assistance of the court.
 When the plaintiff has not personal interest in the matter.
INJUCTION TO PERFORM NEGATIVE AGREEMENT(S.42)
 where a contract comprises an affirmative agreement to do a certain act,
 coupled with a Negative Covenant, express or implied
 not to do a certain other act.
 the fact that the court is unable to compel specific performance of the
affirmative part does not mean that it cannot grant an injunction in respect
of the negative part. It is necessary in this case that the plaintiff has
performed its part mentioned in the contract.
 Lumley V. Wagner , A a singer , agreed that she would sigh for 12 months at
B’s theatre and that she would not sing elsewhere in the public during that
period. Here B cannot obtained specific performance of the first part of the
contract (i.e. to sing at his theatre), but he is entitled to an injunction,
restraining A from singing at other public places during that period. In this
case though there is one contract but contain two parts one is positive and
other is negative. The two parts are independent contracts. In this case court
cannot debar itself to give injunction in case of negative covenant.
 The Supreme Court has also observed that the jurisdiction to grant an
injunction under the Act is discretionary and must be exercised according to
sound principals of law, and ex debito justito. The plaintiff cannot claim this
relief as a matter of right. Before refusing or granting the injunction, the
court must weigh the pros and cons in each case, consider the facts and
circumstances in their proper perspectives, and then exercise its discretion in
the best interest of justice.
 PREPARED BY –
Prof. Rupali Yeranaes