What is the purpose of the Specific Relief Act?
Asked by: scraper | Last update: August 16, 2026Score: 0/5 (0 votes)
The primary purpose of the Specific Relief Act (predominantly referring to the Specific Relief Act, 1963 in India) is to provide equitable remedies for the enforcement of individual civil rights when monetary compensation is inadequate.
What is the main objective of the Specific Relief Act?
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 the Specific Relief Act about?
The Specific Relief Act, 1963 provides equitable remedies for enforcing civil rights, focusing on specific performance of contracts, injunctions, and declaratory decrees. It complements other laws by addressing cases where monetary compensation is inadequate, ensuring justice through targeted relief.
How do you recover possession of property under the Specific Relief Act?
6 of the Specific Relief Act, a person dispossessed may recover possession merely by proving previous possession and subsequent wrongful dispossession. He need not prove a better title against the occupier/ trespasser, and he will not be allowed to show his title by ownership, contract, prescription or inheritance.
What does the Specific Relief Act 1963 apply to?
-The Specific Relief Act, 1963 was enacted to define and amend the law relating to certain kinds of specific relief. It contains provisions, inter alia, specific performance of contracts, contracts not specifically enforceable, parties who may obtain and against whom specific performance may be obtained, etc.
An introduction to Specific Relief Act, 1963 || With examples
What is Section 7 of the Specific Relief Act?
A person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908. Explanation 1. —A trustee may sue under this section for the possession of movable property to the beneficial interest in which the person for whom he is trustee is entitled.
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 Section 14 of 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 ...
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 Section 12 of the Specific Relief Act?
Specific performance of part of contract. — (1)Except as otherwise hereinafter provided in this section the court shall not direct the specific performance of a part of a contract.
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?
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 21 of the Specific Relief Act?
Power to award compensation in certain cases. — (1)In a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of, such performance.
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 mandatory injunction in Specific Relief Act?
A mandatory injunction is issued when a court directs a person to perform certain acts, as opposed to prohibitory injunction, which seeks to preserve the status quo. The defendant named in a mandatory injunction must undo the wrong or injury that one has caused.
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 43 of the Specific Relief Act?
43. A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees.
What is section 37 of the Specific Relief Act?
Section 37. Temporary and perpetual injunctions. Previous Next. (1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).
What does Section 34 of the Specific Relief Act deal with?
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 is Section 20 of the Specific Relief Act?
SECTION 20 OF SRA PROVIDES SPECIFIC PERFORMANCE. Section 20 of the Specific Relief Act, 1963(as it stood before amendment) provided that the court has the discretion to grant specific performance of contract and it is not bound to grant such relief solely because it is lawful to do so. “Substituted performance”.
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 Section 55 of the Specific Relief Act?
( ACT NO. I OF 1877)
55. When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the Court is capable of enforcing, the Court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.
What does Section 31 of the Specific Relief Act provide for?
Section 31 of the Specific Relief Act, 1963 refers to both void and voidable documents. 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 54 of the Specific Relief Act?
( ACT NO. I OF 1877) 54. Subject to the other provisions contained in, or referred to by, this Chapter, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly or by implication.
What is Section 29 of the Specific Relief Act?
29. The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff's right to sue for compensation for the breach of such contract or part, as the case may be.