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THE SPECIFIC RELIEF ACT, 1877

(ACT NO. I OF 1877).
  Part No : Chapter No : Section No: [ 7th February, 1877  
  
     1 An 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
 
PART I
PRELIMINARY
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 [Repealed]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
PART II
OF SPECIFIC RELIEF
CHAPTER I
OF RECOVERING POSSESSION OF PROPERTY
(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
CHAPTER II
OF THE SPECIFIC PERFORMANCE OF CONTRACTS
(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
CHAPTER III
OF THE RECTIFICATION OF INSTRUMENTS
31. When instrument may be rectified
32. Presumption as to intent of parties
33. Principles of rectification
34. Specific enforcement of rectified contract
CHAPTER IV
OF THE RESCISSION OF CONTRACTS
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
CHAPTER V
OF THE CANCELLATION OF INSTRUMENTS
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
CHAPTER VI
OF DECLARATORY DECREES
42. Discretion of Court as to declaration of status or right. Bar to such declaration
43. Effect of declaration
CHAPTER VII
OF THE APPOINTMENT OF RECEIVERS
44. Appointment of receivers discretionary. Reference to Code of Civil Procedure.
CHAPTER VIII
[Omitted]
PART III
OF PREVENTIVE RELIEF
CHAPTER IX
OF INJUNCTIONS GENERALLY
52. Preventive relief how granted
53. Temporary injunctions Perpetual injunctions
CHAPTER X
OF PERPETUAL INJUNCTIONS
54. Perpetual injunctions when granted
55. Mandatory injunctions
56. Injunction when refused
57. Injunction to perform negative agreement
 
 

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Ministry of Law, Justice and Parliamentary Affairs