What is the 9 specific relief act?
Asked by: Germaine Kemmer | Last update: July 4, 2026Score: 4.9/5 (61 votes)
Section 9 of the Specific Relief Act (primarily referring to the 1877 Act in Bangladesh/earlier, or Section 6 of the 1963 Act in India) provides a summary procedure for a person dispossessed of immovable property without their consent, otherwise than in due course of law, to recover possession quickly without proving title.
What is the Specific Relief Act in simple words?
The Specific Relief Act, 1963: The act provides the legal framework for granting specific relief in civil cases. In other words, Specific relief refers to a legal remedy provided by courts to enforce a specific obligation or obtain a specific performance from a party in a civil dispute.
What is Section 9 of the Specific Relief Act?
9. If any person is dispossessed without his consent of immoveable property otherwise than in due course of law, he or any person claiming through him may, by suit recover possession thereof, notwithstanding any other title that may be set up in such suit.
What is Section 9 of the Specific Relief Act case law?
9 of Specific Relief Act, 1877, the plaintiff has to establish at trial: firstly, that he was in possession of specific immovable property; secondly, that he was dispossessed by the defendant; thirdly, that he was dispossessed without his consent and not in accordance with law; and fourthly, that such dispossession ...
What is the specific relief act cancellation?
Section 31 of the Specific Relief Act, 1963, outlines the conditions under which cancellation may be ordered: Section 31(1): An aggrieved person who believes that an instrument is void or voidable and reasonably fears harm from its continued existence can file a suit to have it declared void.
Difference Between Sections 8 & 9 Specific Relief Act 1877 | Wakeel Nama
Why was the Specific Relief Act created?
In 1877, the Specific Relief act was enacted and put into force. This was amended in 1963. Whereas the contract act deals with contractual obligations, the specific relief act aims at providing for various legal remedies for violation of the contractual obligations.
What is Section 28 of the Specific Relief Act?
(1)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, within the period allowed by the decree or such further period as the court may allow, pay the purchase money or other sum which the court has ordered him ...
What is the recovery of property under Specific Relief Act?
Section 5 of the Specific Relief Act, 1963 explains the recovering of possession regarding specific immovable property. It states: "A person who is entitled to the possession of a specific immovable property may recover it in accordance with the procedure prescribed by the Code of Civil Procedure, 1908."
Who can pass section 9 orders?
The court may pass orders, inter alia, securing the amount in dispute in the arbitration, preserving property, or appointing receivers to ensure that the arbitration process and any arbitral award in favour of the applicant are not frustrated.
Which contracts Cannot be specifically enforced under the Specific Relief Act?
(1)The following contracts cannot be specifically enforced, namely:— (a)a contract for the non-performance of which compensation in money is an adequate relief; (b)a contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise ...
Has the Specific Relief Act been amended?
Section 16 of the Specific Relief Act, which addresses the issue of readiness and willingness of the plaintiff to perform their part of the contract, has been amended to impose a time limit. Before the amendment, a party seeking specific performance had to demonstrate readiness and willingness to perform the contract.
What is the meaning of section 9?
SECTION 9 RUNS AS UNDER:
"When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the District Court, for restitution of conjugal rights.
What is a declaration in the Specific Relief Act?
The declaratory relief under Section 34 of the Specific Relief Act, 1963 is in the nature of equitable relief for granting of an already existing right which has been denied by the other party. It does not seek anything to be paid or performed additionally by the defendant.
What are the 4 types of damages?
Damages include the following types: compensatory, nominal, liquidated, and consequential.
What are the types of injunctions under the Specific Relief Act?
Prohibitory And Mandatory injunctions:
As stated earlier, the Specific Relief Act mentions different types of injunction. One of them is Prohibitory Injunction while the other one is Mandatory Injunction. Though similar to each other, there is a thin line difference between Mandatory and Prohibitory injunction.
What is Section 33 of the Specific Relief Act?
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.
What is the limitation under order 9 rule 9?
Limitation period for filing a second application for restoration. Generally, one can file an application for restoring a case under Order 9 within 30 days from the date of dismissing the case under Article 122 of the Limitation Act, 1963.
What are the limitations of Section 9?
Section 9 Powers Denied Congress
No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State.
What is the process of Section 9?
Section 9 allows a legally married spouse to approach the court when the other spouse has withdrawn from their company without reasonable cause. If the petition is accepted, the court may pass a decree for restitution, compelling the other spouse to resume cohabitation.
What is section 42 of the Specific Relief Act?
(a) A is lawfully in possession of certain land. The inhabitants of a neighboring village claim a right of way across the land. A may sue for a declaration that they are not entitled to the right so claimed.
What is Section 22 of the Specific Relief Act?
What is Section 22 of SRA? A person suing for specific performance of a contract for immovable property transfer may also ask for possession or partition of the property. The plaintiff may request other appropriate relief, including refund of earnest money or deposits, if the specific performance claim is refused.
What is Section 13 of the Specific Relief Act?
Rights of purchaser or lessee against person with no title or imperfect title. — (2)The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property.
What is Section 32 of the Specific Relief Act?
What instruments may be partially cancelled. — Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue.
What is Section 41 of the Specific Relief Act?
An injunction cannot be granted— (a)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 a multiplicity of proceedings; (b)to restrain any person from instituting or prosecuting any ...
What is Section 19 of the Specific Relief Act?
Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against— (a)either party thereto; (b)any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original ...