The Specific Relief Act, 1963

Part I · PRELIMINARY

• §1Short title, extent and commencement
• §2Definitions
• §3Savings
• §4Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws

Part II · SPECIFIC RELIEF

Ch. I · RECOVERING POSSESSION OF PROPERTY

• §5Recovery of specific immovable property
• §6Suit by person dispossessed of immovable property
• §7Recovery of specific movable property
• §8Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession

Ch. II · SPECIFIC PERFORMANCE OF CONTRACTS

• §9Defences respecting suits for relief based on contract
• §10Specific performance in respect of contracts
• §11Cases in which specific performance of contracts connected with trusts enforceable
• §12Specific performance of part of contract
• §13Rights of purchaser or lessee against person with no title or imperfect title
• §14Contracts not specifically enforceable
• §14APower of court to engage experts
• §15Who may obtain specific performance
• §16Personal bars to relief
• §17Contract to sell or let property by one who has no title, not specifically enforceable
• §18Non-enforcement except with variation
• §19Relief against parties and persons claiming under them by subsequent title
• §20Substituted performance of contract
• §20ASpecial provisions for contract relating to infrastructure project
• §20BSpecial Courts
• §20CExpeditious disposal of suits
• §21Power to award compensation in certain cases
• §22Power to grant relief for possession, partition, refund of earnest money, etc
• §23Liquidation of damages not a bar to specific performance
• §24Bar of suit for compensation for breach after dismissal of suit for specific performance
• §25Application of preceding sections to certain awards and testamentary directions to execute settlements

Ch. III · RECTIFICATION OF INSTRUMENTS

• §26When instrument may be rectified

Ch. IV · RESCISSION OF CONTRACTS

• §27When rescission may be adjudged or refused
• §28Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed
• §29Alternative prayer for rescission in suit for specific performance
• §30Court may require parties rescinding to do equity

Ch. V · CANCELLATION OF INSTRUMENTS

• §31When cancellation may be ordered
• §32What instruments may be partially cancelled
• §33Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable

Ch. VI · DECLARATORY DECREES

• §34Discretion of court as to declaration of status or right
• §35Effect of declaration

Part III · PREVENTIVE RELIEF

Ch. VII · INJUNCTIONS GENERALLY

• §36Preventive relief how granted
• §37Temporary and perpetual injunctions

Ch. VIII · PERPETUAL INJUNCTIONS

• §38Perpetual injunction when granted
• §39Mandatory injunctions
• §40Damages in lieu of, or in addition to, injunction
• §41Injunction when refused
• §42Injunction to perform negative agreement