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The Specific Relief Act, 1963

The Specific Relief Act, 1963 establishes the framework for specific relief under Indian law. It defines key terms and sets guidelines for recovering specific property, both movable and immovable, when a person has been unlawfully dispossessed. The Act also addresses when specific performance of a contract can be ordered by courts, such as when monetary damages would not provide adequate relief, or when assessing actual damages would be extremely difficult. Specific relief is an equitable remedy aimed at enforcing individual civil rights, rather than penal laws.

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Kapil Karoliya
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39 views

The Specific Relief Act, 1963

The Specific Relief Act, 1963 establishes the framework for specific relief under Indian law. It defines key terms and sets guidelines for recovering specific property, both movable and immovable, when a person has been unlawfully dispossessed. The Act also addresses when specific performance of a contract can be ordered by courts, such as when monetary damages would not provide adequate relief, or when assessing actual damages would be extremely difficult. Specific relief is an equitable remedy aimed at enforcing individual civil rights, rather than penal laws.

Uploaded by

Kapil Karoliya
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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The Specific Relief Act, 1963

The Specific Relief Act, 1963 The Specific Relief Act, 1963
1. Short title, extent and commencement.—
(1) This Act may be called the Specific Relief Act, 1963.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1 as the Central Government may, by notification
in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “obligation” includes every duty enforceable by law;
(b) “settlement” means an instrument [other than a will or codicil as defined by the Indian
Succession Act, 1925 (39 of 1925)] whereby the destination or devolution of successive
interests movable or immovable property is disposed of or is agreed to be disposed of;
(c) “trust” has the same meaning as in section 3 of the Indian Trusts Act, 1882 (2 of
1882), and includes an obligation in the nature of a trust within the meaning of Chapter
IX of that Act;
(d) “trustee” includes every person holding property in trust;
(e) all other words and expressions used herein but not defined, and defined in the Indian
Contract Act, 1872 (9 of 1872), have the meanings respectively assigned to them in that
Act.
3. Savings.—Except as otherwise provided herein, nothing in this Act shall be deemed—
(a) to deprive any person of any right to relief, other than specific performance, which he
may have under any contract; or
(b) to affect the operation of the Indian Registration Act, 1908, on documents.
4. Specific relief to be granted only for enforcing individual civil rights and not for
enforcing penal laws.—Specific relief can be granted only for the purpose of enforcing
individual civil rights and not for the mere purpose of enforcing a penal law.
5. Recovery of specific immovable property.—A person entitled to the possession of
specific immovable property may recover it in the manner provided by the Code of Civil
Procedure, 1908 (5 of 1908).
The Specific Relief Act, 1963
6. Suit by person dispossessed of immovable property.—
(1) If any person is dispossessed without his consent of immovable 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.
(2) No suit under this section shall be brought—
(a) after the expiry of six months from the date of dispossession; or
(b) against the Government.
(3) No appeal shall lie from any order or decree passed in any suit instituted under this
section, nor shall any review of any such order or decree be allowed.
(4) Nothing in this section shall bar any person from suing to establish his title to such
property and to recover possession thereof.
7. Recovery of specific movable property.—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. Explanation 2.—A special or temporary right to the present possession of
movable property is sufficient to support a suit under this section.
8. Liability of person in possession, not as owner, to deliver to persons entitled to
immediate possession.—Any person having the possession or control of a particular
article of movable property, of which he is not the owner, may be compelled specifically
to deliver it to the person entitled to its immediate possession, in any of the following
cases:—
(a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff;
(b) when compensation in money would not afford the plaintiff adequate relief for the
loss of the thing claimed;
(c) when it would be extremely difficult to ascertain the actual damage caused by its loss;
(d) when the possession of the thing claimed has been wrongfully transferred from the
plaintiff. Explanation.—Unless and until the contrary is proved, the court shall, in respect
of any article of movable property claimed under clause (b) or clause (c) of this section,
presume—
(a) that compensation in money would not afford the plaintiff adequate relief for the loss
of the thing claimed, or, as the case may be;
(b) that it would be extremely difficult to ascertain the actual damage caused by its loss.
9. Defences respecting suits for relief based on contract.—Except as otherwise provided
herein, where any relief is claimed under this Chapter in respect of a contract, the person
against whom the relief is claimed may plead by way of defence any ground which is
available to him under any law relating to contracts.
The Specific Relief Act, 1963
10. Cases in which specific performance of contract enforceable.—Except as otherwise
provided in this Chapter, the specific performance of any contract may, in the discretion
of the court, be enforced—
(a) when there exists no standard for ascertaining actual damage caused by the non-
performance of the act agreed to be done; or
(b) when the act agreed to be done is such that compensation in money for its non-
performance would not afford adequate relief. Explanation.—Unless and until the
contrary is proved, the court shall presume—
(i) that the breach of a contract to transfer immovable property cannot be adequately
relieved by compensation in money; and
(ii) that the breach of a contract to transfer movable property can be so relieved except in
the following cases:—
(a) where the property is not an ordinary article of commerce, or is of special value or
interest to the plaintiff, or consists of goods which are not easily obtainable in the market;
(b) where the property is held by the defendant as the agent or trustee of the plaintiff.

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