The Specific Relief Act, 1963 – All Sections

An Act to define and amend the law relating to certain kinds of specific relief.

The Specific Relief Act, 1963 has 48 sections in 3 parts, amended 7 times. Each link below opens the official text of that section. Official PDF on India Code.

The Specific Relief Act, 1963 PDF

All sections of the Specific Relief Act, 1963

Part I: PRELIMINARY

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

Part II: PART II

• Section 5 – Recovery of specific immovable property
• Section 6 – Suit by person dispossessed of immovable property
• Section 7 – Recovery of specific movable property
• Section 8 – Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession
• Section 9 – Defences respecting suits for relief based on contract
• Section 10 – Cases in which specific performance of contract enforceable
• Section 11 – Cases in which specific performance of contracts connected with trusts enforceable
• Section 12 – Specific performance of part of contract
• Section 13 – Rights of purchaser or lessee against person with no title or imperfect title
• Section 14 – Contracts not specifically enforceable
• Section 14A – Power of court to engage experts
• Section 15 – Who may obtain specific performance
• Section 16 – Personal bars to relief
• Section 17 – Contract to sell or let property by one who has no title, not specifically enforceable
• Section 18 – Non-enforcement except with variation
• Section 19 – Relief against parties and persons claiming under them by subsequent title
• Section 20 – Substituted performance of contract
• Section 20A – Special provisions for contract relating to infrastructure project
• Section 20B – Special Courts
• Section 20C – Expeditious disposal of suits
• Section 21 – Power to award compensation in certain cases
• Section 22 – Power to grant relief for possession, partition, refund of earnest money, etc
• Section 23 – Liquidation of damages not a bar to specific performance
• Section 24 – Bar of suit for compensation for breach after dismissal of suit for specific performance
• Section 25 – Application of preceding sections to certain awards and testamentary directions to execute settlements
• Section 26 – When instrument may be rectified
• Section 27 – When rescission may be adjudged or refused
• Section 28 – Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed
• Section 29 – Alternative prayer for rescission in suit for specific performance
• Section 30 – Court may require parties rescinding to do equity
• Section 31 – When cancellation may be ordered
• Section 32 – What instruments may be partially cancelled
• Section 33 – 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
• Section 34 – Discretion of court as to declaration of status or right
• Section 35 – Effect of declaration

Part III: PART III

• Section 36 – Preventive relief how granted
• Section 37 – Temporary and perpetual injunctions
• Section 38 – Perpetual injunction when granted
• Section 39 – Mandatory injunctions
• Section 40 – Damages in lieu of, or in addition to, injunction
• Section 41 – Injunction when refused
• Section 42 – Injunction to perform negative agreement
• Section 43 – Repealed (omitted/repealed)
• Section 44 – Repealed (omitted/repealed)