The Specific Relief Act, 1877

( ACT NO. I Of 1877 )

1An Act to define and amend the law relating to certain kinds of Specific Relief.
  Preamble
 
WHEREAS it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows:-
 

CONTENTS

SECTIONS

1. Short title

Local Extent

Commencement

2. [Repealed]

3. Interpretation-clause

Words defined in Contract Act

4. Savings

5. Specific relief how given

6. Preventive relief

7. Relief not granted to enforce penal law

(a) Possession of Immovable Property

8. Recovery of specific immoveable property

9. Suit by person dispossessed of immoveable property

(b) Possession of Moveable Property

10. Recovery of specific moveable property

11. Liability of person in possession, not as owner to deliver to person entitled to immediate possession

(a) Contracts which may be specifically enforce

12. Cases in which specific performance enforceable

13. Contract of which the subject has partially ceased to exist

14. Specific performance of part of contract where part unperformed is small

15. Specific performance of part of contract where part unperformed is large

16. Specific performance of independent part of contract

17. Bar in other cases of specific performance of part of contract

18. Purchaser's rights against vendor with imperfect title

19. Power to award compensation in certain cases

20. Liquidation of damages not a bar to specific performance

(b) Contracts which cannot be specifically enforced

21.Contracts not specifically enforceable

(C) Of the discretion of the Court.

21A.Unregistered contract for sale not specifically enforceable

(C) Of the discretion of the Court.

22.Discretion as to decreeing specific performance

(d) For whom Contracts may be specifically enforced

23.Who may obtain specific performance

(e) For whom Contracts cannot be specifically enforced

24. Personal bars to the relief

25. Contracts to sell property by one who has no title, or who is a voluntary settler

(f) For whom Contracts can not be specifically enforced, except with a Variation.

26. Non-enforcement except with variation

(g) Against whom contracts may be specifically enforced

27. Relief against parties and persons claiming under them by subsequent title

27A. Specific performance in case of part performance of contract to lease

(h) Against whom Contracts cannot be specifically enforced

28. What parties cannot be compelled to perform

(i) The effect of dismissing a Suit for Specific Performance

29. Bar of suit for breach after dismissal

(j) Awards and Directions to execute Settlements

30. Application of preceding sections to awards and testamentary directions to execute settlements

31. When instrument may be rectified

32. Presumption as to intent of parties

33. Principles of rectification

34. Specific enforcement of rectified contract

35. When rescission may be adjudged

36. Rescission for mistake

37. Alternative prayer for rescission in suit for specific performance

38. Court may require party rescinding to do equity

39. When cancellation may be ordered

40. What instruments may be partially cancelled

41. Power to require party for whom instrument is cancelled to make compensation

42. Discretion of Court as to declaration of status or right. Bar to such declaration

43. Effect of declaration

44. Appointment of receivers discretionary. Reference to Code of Civil Procedure.

[Omitted]

52. Preventive relief how granted

53. Temporary injunctions Perpetual injunctions

54. Perpetual injunctions when granted

55. Mandatory injunctions

56. Injunction when refused

57. Injunction to perform negative agreement