The Specific relief Act, 1963

ACT NO. 47 OF 1963

Enacted - 13th December 1963.
came into force
 Act of 1963 - 1 March, 1964
 Amendment act (2018)- 1, October, 2018
 Amendment Act of 2018.
o Section 14A, 20A, 20B, 20C are introduced
o The Section 10, 14, 20 are Substituted
 Total Part – 3
 Total Ch. – 8
 Total Sections – 44.

Important Sections –
Specific Relief Act, 1963.
Enactment. 13 December 1963.
Enforcement. 1 March 1964.
4. Specific relief only for civil right not for penal law.
5. Recovery of specific immovable property.
6. Suit by person dispossessed of immovable property.
7. Recovery of specific movable property.
8. Liability of person in possession, not as owner, to deliver to
persons entitled to immediate possession.
10. Specific performance of in respect of contract.
11. Contract related to trust.
12. Specific performance of part of the contract.
12(2). small part remained unperformed.
12(4). only a separable part can be performed.
13. Rights of purchaser or lessee against person with no title or
imperfect title.
14. Contracts not specifically enforceable.

14A. Power of court to engage experts.

15. who may obtain specific performance.
16. personal bars to relief.
16(c). the ready and willingness is necessary condition for the
specific performance of contract?.
20. Substituted performance of the contract.
20A. Special provisions for contract relating to infrastructure
project.
20B. Special Courts.
21. power to award compensation in certain cases.
23. Liquidation of the damages not a bar of the specific
performance.
24. Bar of suit for compensation for breach after dismissal of suit
Specific performance of the contract.
31. when cancellation may be ordered.
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.
34. Discretion of court as to declaration of status or right.
36. Preventive relief how granted.
37. Temporary and perpetual injunctions.
38. perpetual injunctions when granted.
39. Mandatory Injunction.
40. Damages in lieu of, or in addition to, injunction.
41. Injunction when refused.
Schedule 20A, 41ha. Category of projects and Infrastructure Sub-
Sectors.
PART 1 – PRELIMINARY [1-
4]
1. Short title, extent and commencement. —

 This Act may be called the Specific Relief Act, 1963.

 It extends to the whole of India except the State of Jammu
and Kashmir.
 This Act was coming into force on 1 March 1964

2. Definitions.

(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 in 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. 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, have the
meanings respectively assigned to them in that Act.

3. Savings. —

 Right of Relief under Contract (Other than specific relief)

 Operation of Indian Registration Act, 1908

4. Specific relief - Only for Civil Right not for Penal

law.
PART 2 - SPECIFIC RELIEF
[5 - 8]
CHAPTER 1 - RECOVERING
POSSESSION OF PROPERTY [5 – 8]
5. Recovery of specific immovable property.—

A person entitled to the possession of specific immovable

property may recover it in the manner provided by CPC. (5 of
1908).
Note – Order 20 of the CPC provides for the recovery of
immovable property

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 through whom he has been in possession 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 and no review
(4) Notwithstanding anything contained in this section, A person
shall have right to establish title and recover possession.
Comments-
Essentials of Section 6. –
1. At the time of the dispossession, the possession must be
valid.
2. Plaintiff must have been dispossessed from the possession
of immovable property without his consent.
3. Dispossession must not have been made in due course of
law.
 4. In such conditions, the plaintiff shall have right to recover
the possession of immovable property, Notwithstanding
any other title of the defendant.
5. The suit must have been filed within the six months of the
possession.
6. Under this section a suit cannot be filed against the
government.
Note-
Both the section 5 and 6, are providing for the alternative and
separate relief. But when any suit is filed under section 6, no
question for be titled can be raised.
Parry v. Clissold, it was not disputed that person who has
possession over land as owner and who peacefully enjoys every
right of the owner his title is better than anyone in the world except
the rightful owner. If the rightful owner does not assert through
due process of law within the period of limitations, then his rights
ends for ever and the title of the person who is in possession as
owner becomes perfect.

7. Recovery of specific movable property.

Recovery of specific movable property by the person entitled, in

the manner provided by CPC.
1. Trustee
2. Special right
3. Temporary right.

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 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:—
8(a)- Thing held by defendant as Agent or trustee
(a) when the thing claimed is held by the defendant as the agent or
trustee of the plaintiff;
8(b)- Money is not adequate relief. (b) when compensation in money would not afford the plaintiff
adequate relief for the loss of the thing claimed;

8(c) – Difficult to ascertain the actual damage. (c) when it would be extremely difficult to ascertain the actual
damage caused by its loss;
8(d) – Thing wrongfully transferred from plaintiff. (d) when the possession of the thing claimed has been wrongfully
transferred from the plaintiff.
 Presumption.
(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.

CHAPTER 2 - SPECIFIC
PERFORMANCE OF CONTRACTS
[9 -25]
9. Defences respecting suits for relief based on 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.
CONTRACTS WHICH CAN BE SPECIFICALLY
ENFORCED

10. Specific performance in respect of contracts.—

The specific performance of a contract shall subject to the section

11(2), 14 and 16.

11. Contract related to trust

(1) SPC shall be enforced of a contract related to trust.

Exception.
(2) A contract made by a trustee in excess of his powers or in
breach of trust cannot be specifically enforced.

12. Specific performance of part of contract.—

(1) General rule. -the court shall not direct the specific
performance of a part of a contract.
(2) Where a party to a contract is unable to perform the whole of
his part of it, but the part which must be left unperformed be a
only a small proportion to the whole in value and admits of
compensation in money, the court may, at the suit of either party,
direct the specific performance of so much of the contract as can
be performed, and award compensation in money for the
deficiency.
(3) Where a party to a contract is unable to perform the whole of
his part of it, and the part which must be left unperformed
either—
(a) forms a considerable part of the whole, though
admitting of compensation in money; or
(b) does not admit of compensation in money;
he is not entitled to obtain a decree for specific performance;
but the court may, at the suit of the other party, direct the party in
default to perform specifically so much of his part of the
contract as he can perform, if the other party—
(1)
in a case falling under clause (a), pays or has paid the agreed
consideration for the whole of the contract reduced by the
consideration for the part which must be left unperformed and
in a case falling under clause (b) pays or has paid the
consideration for the whole of the contract without any
abatement; and
(2) in either case, relinquishes all claims to the performance of
the remaining part of the contract and all right to
compensation, either for the deficiency or for the loss or damage
sustained by him through the default of the defendant.
(4) When a part of a contract which, taken by itself, can and
ought to be specifically performed, stands on a separate and
independent footing from another part of the same contract
which cannot or ought not to be specifically performed the court
may direct specific performance of the former part.
Explanation.—
For the purposes of this section, a party to a contract shall be
deemed to be unable to perform the whole of his part of it if a
portion of its subject-matter existing at the date of the contract has
ceased to exist at the time of its performance.

13. Rights of purchaser or lessee against person with no

title or imperfect title.—

(1) Where a person contracts to sell or let certain immovable

property having no title or only an imperfect title, the purchaser or
lessee (subject to the other provisions of this Chapter), has the
following rights, namely:—
(a) if the vendor or lessor has subsequently to the contract
acquired any interest in the property, the purchaser or
lessee may compel him to make good the contract out of
such interest;
(b) where the concurrence of other person is necessary
for validating the title, and they are bound to concur at
the request of the vendor or lessor, the purchaser or
lessee may compel him to procure such concurrence,
and when a conveyance by other persons is necessary to
validate the title and they are bound to convey at the
request of the vendor or lessor, the purchaser or lessee may
compel him to procure such conveyance;
(c) where the vendor professes to sell unencumbered
property, but the property is mortgaged for an amount
not exceeding the purchase money and the vendor has in
fact only a right to redeem it, the purchaser may compel
him to redeem the mortgage and tfo obtain a valid
discharge, and, where necessary, also a conveyance from
the mortgagee;
(d) where the vendor or lessor sues for specific
performance of the contract and the suit is dismissed on
the ground of his want of title or imperfect title, the
defendant has a right to a return of his deposit, if any,
with interest thereon, to his costs of the suit, and to a lien
for such deposit, interest and costs on the interest, if any, of
the vendor or lesser in the property which is the subject-
matter of the contract.
(2) The provisions of sub-section (1) shall also apply, as far as
may be, to contracts for the sale or hire of movable property.
CONTRACTS, WHICH CANNOT BE SPECIFICALLY
ENFORCED

14. Contracts not specifically enforceable.—

The following contracts cannot be specifically enforced, namely:—

(a) where a party to the contract has obtained substituted
performance of contract in accordance with the provisions of
section 20;
(b) a contract, the performance of which involves the performance
of a continuous duty which the court cannot supervise;
(c) a contract which is so dependent on the personal
qualifications of the parties that the court cannot enforce specific
performance of its material terms; and
(d) a contract which is in its nature determinable.

14A. Power of court to engage experts.—

(1) it may engage one or more experts and direct to report to it

on such issue and may secure attendance of the expert for
providing evidence, including production of documents on the
issue.
(2) The court may require or direct any person to give relevant
information to the expert or to produce, or to provide access to,
any relevant documents, goods or other property for his
inspection.
(3) The opinion or report given by the expert shall form part of
the record of the suit; and the court, or with the permission of the
court any of the parties to the suit, may examine the expert
personally in open court on any of the matters referred to him or
mentioned in his opinion or report, or as to his opinion or report, or
as to the manner in which he has made the inspection.
(4) The expert shall be entitled to such fee, cost or expense as the
court may fix, which shall be payable by the parties in such
proportion, and at such time, as the court may direct.
PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE
SPECIFICALLY ENFORCED

15. Who may obtain specific performance.—

Except as otherwise provided by this Chapter, the specific

performance of a contract may be obtained by—
(a) any party thereto;
(b) the representative in interest or the principal, of any party
thereto:
Provided that where the learning, skill, solvency or any
personal quality of such party is a material ingredient in the
contract, or where the contract provides that his interest shall not
be assigned, his representative in interest or his principal shall not
be entitled to specific performance of the contract, unless such
party has already performed his part of the contract, or the
performance thereof by his representative in interest, or his
principal, has been accepted by the other party;
(c) where the contract is a settlement on marriage, or a
compromise of doubtful rights between members of the same
family, any person beneficially entitled thereunder;
(d) where the contract has been entered into by a tenant for life in
due exercise of a power, the remainderman;
(e) a reversioner in possession, where the agreement is a
covenant entered into with his predecessor in title and the
reversioner is entitled to the benefit of such covenant;
(f) a reversioner in remainder, where the agreement is such a
covenant, and the reversioner is entitled to the benefit thereof and
will sustain material injury by reason of its breach;
(fa) when a limited liability partnership has entered into a contract
and subsequently becomes amalgamated with another limited
liability partnership, the new limited liability partnership which
arises out of the amalgamation.
(g) when a company has entered into a contract and subsequently
becomes amalgamated with another company, the new company
which arises out of the amalgamation;
(h) when the promoters of a company have, before its
incorporation, entered into a contract for the purposes of the
company, and such contract is warranted by the terms of the
incorporation, the company:
Provided that the company has accepted the contract and has
communicated such acceptance to the other party to the
contract.

16. Personal bars to relief.—

Specific performance of a contract cannot be enforced in favour of

a person—
(a) who has obtained substituted performance of contract under
section 20; or
(b) who has become incapable of performing, or violates any
essential term of, the contract that on his part remains to be
performed, or acts in fraud of the contract, or wilfully acts at
variance with, or in subversion of, the relation intended to be
established by the contract; or
(c) who fails to prove that he has performed or has always been
ready and willing to perform the essential terms of the contract
which are to be performed by him, other than terms of the
performance of which has been prevented or waived by the
defendant.
Explanation.—For the purposes of clause (c),—
(1) where a contract involves the payment of money, it is not
essential for the plaintiff to actually tender to the defendant or to
deposit in court any money except when so directed by the court;
the plaintiff must prove performance of, or readiness and
willingness to perform, the contract according to its true
construction.
Substituted performance of contracts, etc.

17. Contract to sell or let property by one who has no

title, not specifically enforceable.—

(1) A contract to sell or let any immovable property cannot be

specifically enforced in favour of a vendor or lessor—
(a) who, knowing himself not to have any title to the
property, has contracted to sell or let the property;
(b) who, though he entered into the contract believing that
he had a good title to the property, cannot at the time fixed
by the parties or by the court for the completion of the sale
or letting, give the purchaser or lessee a title free from
reasonable doubt.
(2) The provisions of sub-section (1) shall also apply, as far as may
be, to contracts for the sale or hire of movable property.

18. Non-enforcement except with variation. —

Where a plaintiff seeks specific performance of a contract in

writing, to which the defendant sets up a variation, the plaintiff
cannot obtain the performance sought, except with the variation so
set up, in the following cases, namely: —
(a) whereby fraud, mistake of fact or misrepresentation, the
written contract of which performance is sought is in its terms or
effect different from what the parties agreed to, or does not
contain all the terms agreed to between the parties on the basis of
which the defendant entered into the contact;
(b) where the object of the parties was to produce a certain legal
result which the contract as framed is not calculated to produce;
(c) where the parties have, subsequently to the execution of the
contract, varied its terms.
19. Relief against parties and persons claiming under
them by subsequent title.—

Except as otherwise provided by this Chapter, specific

performance of a contract may be enforced against—
(a) either party thereto;
(b) any other person claiming under him by a title arising
subsequently to the contract, except a transferee for value who has
paid his money in good faith and without notice of the original
contract;
(c) any person claiming under a title which, though prior to the
contract and known to the plaintiff, might have been displaced by
the defendant;
(ca) when a limited liability partnership has entered into a contract
and subsequently becomes amalgamated with another limited
liability partnership, the new limited liability partnership which
arises out of the amalgamation.” (Inserted in 2018)
(d) when a company has entered into a contract and subsequently
becomes amalgamated with another company, the new company
which arises out of the amalgamation;
(e) when the promoters of a company have, before its
incorporation, entered into a contract for the purpose of the
company and such contract is warranted by the terms of
incorporation, the company:
Provided that the company has accepted the contract and
communicated such acceptance to the other party to the contract.

20. Substituted performance of contract.—

(1) Without prejudice to the generality of the provisions contained

in the Indian Contract Act, 1872 (9 of 1872), and, except as
otherwise agreed upon by the parties, where the contract is
broken due to non-performance of promise by any party, the
party who suffers by such breach shall have the option of
substituted performance through a third party or by his own
agency, and, recover the expenses and other costs actually
incurred, spent or suffered by him, from the party committing
such breach.
(2) No substituted performance of contract under sub-section (1)
shall be undertaken unless the party who suffers such breach has
given a notice in writing, of not less than thirty days, to the
party in breach calling upon him to perform the contract within
such time as specified in the notice, and on his refusal or failure
to do so, he may get the same performed by a third party or by
his own agency:
Provided that the party who suffers such breach shall not be
entitled to recover the expenses and costs under sub-section (1)
unless he has got the contract performed through a third party
or by his own agency.
Where the party suffering breach of contract has got the
contract performed through a third party or by his own agency
after giving notice under sub-section (1), he shall not be entitled
to claim relief of specific performance against the party in
breach.
(3) Nothing in this section shall prevent the party who has
suffered breach of contract from claiming compensation from the
party in breach.

20A. Special provisions for contract relating to

infrastructure project.—

(1) No injunction shall be granted by a court in a suit under this

Act involving a contract relating to an infrastructure project
specified in the Schedule, where granting injunction would cause
impediment or delay in the progress or completion of such
infrastructure project.
Explanation.—For the purposes of this section, section 20B
and clause (ha) of section 41, the expression “infrastructure
project” means the category of projects and infrastructure Sub-
Sectors specified in the Schedule.
(2) The Central Government may, depending upon the
requirement for development of infrastructure projects, and if it
considers necessary or expedient to do so, by notification in the
Official Gazette, amend the Schedule relating to any Category of
projects or Infrastructure Sub-Sectors.

20B. Special Courts.—

The State Government, in consultation with the Chief Justice of

the High Court, shall designate, by notification published in the
Official Gazette, one or more Civil Courts as Special Courts,
within the local limits of the area to exercise jurisdiction and to try
a suit under this Act in respect of contracts relating to
infrastructure projects.
 20C. Expeditious disposal of suits.—

Notwithstanding anything contained in the Code of Civil

Procedure, 1908 (5 of 1908), a suit filed under the provisions of
this Act shall be disposed of by the court within a period of
twelve months from the date of service of summons to the
defendant:
Provided that the said period may be extended for a further period
not exceeding six months in aggregate after recording reasons in
writing for such extension by the court.

21. Power to award compensation in certain cases.—

(1) In a suit for specific performance of a contract, the plaintiff

may also claim compensation for its breach in addition to such
performance.
(2) If, in any such suit, the court decides that specific
performance ought not to be granted, but that there is a contract
between the parties which has been broken by the defendant, and
that the plaintiff is entitled to compensation for that breach, it
shall award him such compensation accordingly.
(3) If, in any such suit, the court decides that specific
performance ought to be granted, but that it is not sufficient to
satisfy the justice of the case, and that some compensation for
breach of the contract should also be made to the plaintiff, it shall
award him such compensation accordingly.
(4) In determining the amount of any compensation awarded
under this section, the court shall be guided by the principles
specified in section 73 of the Indian Contract Act, 1872 (9 of
1872).
No Compensation (5) No compensation shall be awarded under this section unless
Unless Claimed the plaintiff has claimed such compensation in his plaint:
Amendment of the plaint– Provided that where the plaintiff has not claimed any such
At any stage of the compensation in the plaint, the court shall, at any stage of the
proceeding.
proceeding, allow him to amend the plaint on such terms as
may be just, for including a claim for such compensation.
Explanation. —The circumstances that the contract has become
incapable of specific performance does not preclude the court from
exercising the jurisdiction conferred by this section.

22. Power to grant relief for possession, partition,

refund of earnest money, etc.—
(1) Notwithstanding anything to the contrary contained in the
CPC, any person suing for the SPC for the transfer of immovable
property may, in an appropriate case, ask for—
(a) possession, or partition and separate possession, of
the property in addition to such performance; or
(b) any other relief to which he may be entitled,
including the refund of any earnest money or deposit
paid or made by him, in case his claim for specific
performance is refused. This clause shall not affect the
power of the court to award compensation under section 21.
(20(3))
(2) No relief under clause (a) or (b) shall be granted by the court
unless it has been specifically claimed:
Provident that where the plaintiff has not claimed any such relief in
the plaint, the court shall, at any stage of the proceeding, allow
him to amend the plaint on such terms as may be just for
including a claim for such relief.

23. Liquidation of damages not a bar to specific performance.

—

(1) A contract, otherwise proper to be specifically enforced, may

be so enforced, though a sum be named in it as the amount to be
paid in case of its breach and the party in default is willing to
pay the same, if the court, having regard to the terms of the
contract and other attending circumstances, is satisfied that the
sum was named only for the purpose of securing performance
of the contract and not for the purpose of giving to the party in
default an option of paying money in lieu of specific
performance.
(2) When enforcing specific performance under this section, the
court shall not also decree payment of the sum so named in the
contract.

24. Bar of suit for compensation for breach after dismissal of

suit for SPC. —

The dismissal of a suit for SPC or part thereof shall bar the
plaintiff’s right to sue for compensation for the breach of such
contract or part, as the case may be, but shall not bar his right to
sue for any other relief to which he may be entitled, by reason of
such breach.
Enforcement of awards and directions to
execute settlements
25. Application of preceding sections, to certain awards
and testamentary directions to execute Settlements.—

The provisions of this Chapter as to contracts shall apply to

awards to which the Arbitration and Conciliation Act,
1996 does not apply and to directions in a will or codicil to
execute a particular settlement.
CHAPTER 3 - RECTIFICATION OF
INSTRUMENTS (26)
26. When instrument may be rectified. —

(1) When, through fraud or a mutual mistake of the parties a

contract or other instrument in writing not being the articles of
association of a company to which the Companies Act, 1956,
applies does not express their real intention, then—
(a) either party or his representative in interest may institute a
suit to have the instrument rectified; or
(b) the plaintiff may, in any suit in which any right arising under
the instrument is in issue, claim in his pleading that the
instrument be rectified; or
(c) a defendant in any such suit as is referred to in clause (b),
may, in addition to any other defence open to him, ask for
rectification of the instrument.
(2) If, in any suit in which a contract or other instrument is sought
to be rectified under sub-section (1), the court finds that the
instrument, through fraud or mistake, does not express the real
intention of the parties, the court may in its discretion, direct
rectification of the instrument so as to express that intention, so
far as this can be done without prejudice to rights acquired by
third persons in good faith and for value.
(3) A contract in writing may first be rectified, and then if the party
claiming rectification has so prayed in his pleading and the court
thinks fit, may be specifically enforced.
(4) No relief for the rectification of an instrument shall be granted
to any party under this section unless it has been specifically
claimed:
Provided that where a party has not claimed any such relief in his
pleading, the court shall, at any stage of the proceeding, allow him
to amend the pleading on such terms as may be just for including
such claim.
CHAPTER 4 - RESCISSION OF
CONTRACTS (27 to 30)
27. When rescission may be adjudged or refused.—

(1) Any person interested in a contract may sue to have it

rescinded, and such rescission may be adjudged by the court in any
of the following cases,
namely:—
(a) where the contract is voidable or terminable by the plaintiff;
(b) where the contract is unlawful for causes not apparent on its
face and the defendant is more to blame than the plaintiff.
(2) Notwithstanding anything contained in sub-section (1), the
court may refuse to rescind the Contract—
(a) where the plaintiff has expressly or impliedly ratified the
contract; or
(b) where, owing to the change of circumstances which has taken
place since the making of the contract (not being due to any act of
the defendant himself), the parties cannot be substantially
restored to the position in which they stood when the contract
was made; or
(c) where third parties have, during the subsistence of the
contract, acquired rights in good faith without notice and for
value; or
(d) where only a part of the contract is sought to be rescinded
and such part is not severable from the rest of the contract.

28. Rescission in certain circumstances of contracts for

the sale or lease of immovable property, the specific
performance of which has been decreed.—

(1) Where in any suit a decree for specific performance of a

contract for the sale or lease of immovable property has been made
and the purchaser or lessee does not, within the period allowed by
the decree or such further period as the court may allow, pay the
purchase money or other sum which the court has ordered him to
pay, the vendor or lessor may apply in the same suit in which the
decree is made, to have the contract rescinded and on such
application the court may, by order, rescind the contract either so
far as regards the party in default or altogether, as the justice of the
case may require.
(2) Where a contract is rescinded under sub-section (1), the court
—
(a) shall direct the purchaser or the lessee, if he has obtained
possession of the property under the contract, to restore such
possession to the vendor or lessor; and
(b) may direct payment to the vendor or lessor of all the rents and
profits which have accrued in respect of the property from the date
on which possession was so obtained by the purchaser or lessee
until restoration of possession to the vendor or lessor, and, if the
justice of the case so requires, the refund of any sum paid by the
vendee or the lessee as earnest money or deposit in connection
with the contract.
(3) If the purchase or lessee pays the purchase money or other sum
which he is ordered to pay under the decree within the period
referred to in sub-section (1), the court may, on application made
in the same suit, award the purchaser or lessee such further relief
as he may be entitled to, including in appropriate cases all or any
of the following reliefs, namely:—
(a) the execution of a proper conveyance or lease by the vendor or
lessor;
(b) the delivery of possession, or partition and separate possession,
of the property on the execution of such conveyance or lease.
(4) No separate suit in respect of any relief which may be claimed
under this section shall lie at the instance of a vendor, purchaser,
lessor or lessee, as the case may be.
(5) The costs of any proceedings under this section shall be in the
discretion of the court.

29. Alternative prayer for rescission in suit for specific

performance.—

A plaintiff instituting a suit for the specific performance of a

contract in writing may pray in the alternative that, if the contract
cannot be specifically enforced, it may be rescinded and delivered
up to be cancelled; and the court, if it refuses to enforce the
contract specifically, may direct it to be rescinded and delivered up
accordingly.

30. Court may require parties rescinding to do equity.—

On adjudging the rescission of a contract, the court may require the
party to whom such relief is granted to restore, so far as may be,
any benefit which he may have received from the other party and
to make any compensation to him which justice may be require.
CHAPTER 5 - CANCELLATION OF
INSTRUMENTS (31 to 33)
31. When cancellation may be ordered.—

(1) Any person against whom a written instrument is void or

voidable, and who has reasonable apprehension that such
instrument, if left outstanding may cause him serious injury,
may sue to have it adjudged void or voidable; and the court may, in
its discretion, so adjudge it and order it to be delivered up and
cancelled.
(2) If the instrument has been registered under the Indian
Registration Act, 1908 (16 of 1908), the court shall also send a
copy of its decree to the officer in whose office the instrument has
been so registered; and such officer shall note on the copy of the
instrument contained in his books the fact of its cancellation.

32. What instruments may be partially cancelled.—

Where an instrument is evidence of different rights or different

obligations, the court may, in a proper case, cancel it in part and
allow it to stand for the residue.

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. —

(1) On adjudging the cancellation of an instrument, the court may

require the party to whom such relief is granted, to restore, so far
as may be any benefit which he may have received from the other
party and to make any compensation to him which justice may
require.
(2) Where a defendant successfully resists any suit on the ground
—
(a) that the instrument sought to be enforced against him in the suit
is voidable, the court may if the defendant has received any benefit
under the instrument from the other party, require him to restore,
so far as may be, such benefit to that party or to make
compensation for it;
(b) that the agreement sought to be enforced against him in the suit
is void by reason of his not having been competent to contract
under section 11 of the Indian Contract Act, 1872 (9 of 1872), the
court may, if the defendant has received any benefit under the
agreement from the other party, require him to restore, so far as
may be, such benefit to that party, to the extent to which he or his
estate has benefited thereby.
Doctrine of Equitable Restitution.
Section 33(2)(b) is related to Equitable restitution. This doctrine
was propounded by Lord Sumner in the case of Leslie v. Sherill. It
is related to the restitution of from the minor’s property to limited
way.
- Property only can be restored from the specific property of
the minor.
- The Minor cannot be asked to make the payment.
CHAPTER 6 - DECLARATORY
DECREES (34 and 35)
34. Discretion of court as to declaration of status or
right. —

Any person entitled to any legal character, or to any right as to

any property, may institute a suit against any person denying, or
interested to deny, his title to such character or right, and the
court may in its discretion make therein a declaration that he is so
entitled, and the plaintiff need not in such suit ask for any further
relief:
Provided that no court shall make any such declaration where the
plaintiff, being able to seek further relief than a mere declaration
of title, omits to do so.
Explanation.—A trustee of property is a “person interested to
deny” a title adverse to the title of some one who is not in
existence, and for whom, if in existence, he would be a trustee.

35. Effect of declaration.—

A declaration made under this Chapter is binding only on the

parties to the suit, persons claiming through them respectively,
and, where any of the parties are trustees, on the persons for
whom, if in existence at the date of the declaration, such parties
would be trustees.
PART 3 - PREVENTIVE
RELIEF (36 to 42 )
CHAPTER 7 - INJUNCTIONS
GENERALLY (36 to 37)
36. Preventive relief how granted.—

Preventive relief is granted at the discretion of the court by

injunction, temporary or perpetual.

37. Temporary and perpetual injunctions.—

(1) Temporary injunctions are such as are to continue until a

specific time, or until the further order of the court, and they
may be granted at any stage of a suit, and are regulated by the
CPC.
CPC – O. 39, S. 94 and 95.
(2) A perpetual injunction can only be granted by the decree
made at the hearing and upon the merits of the suit; the
defendant is thereby perpetually enjoined from the assertion of
a right, or from the commission of an act, which would be
contrary to the rights of the plaintiff.
So it is clear that perpetual injunction shall be
 granted by
 Decree
 At hearing
 Upon Merits
 Defendant is enjoined perpetually
o Assertion of right
o Commission of an act
 Contrary to the right of the plaintiff
Temporary injunctions are such which continued until specified
time or until further order of the court. And they at be granted at
any stage of the suit. And those are regulated by CPC, 1908 (37(1))
Perpetual Injunction (37(2))
Perpetually Injunction may granted At hearing upon the suit. The
defendant is thereby perpetually enjoined from assertion from a
right or from commission of an act which would be contrary to the
right of the plaintiff.

CHAPTER 8 - PERPETUAL
INJUNCTIONS (38 to 42)
38. Perpetual injunction when granted.—

(1) Subject to the other provisions contained in or referred to by

this Chapter, a perpetual injunction may be granted to the plaintiff
to prevent the breach of an obligation existing in his favour,
whether expressly or by implication.
(2) When any such obligation arises from contract, the court
shall be guided by the rules and provisions contained in Chapter
II.
(3) When the defendant invades or threatens to invade the
plaintiff’s right to, or enjoyment of property, the court may
grant a perpetual injunction in the following cases, namely:—
(a) where the defendant is trustee of the property for the plaintiff;
Note- In such case (of trustee) injunction may be granted even if
money shall be the adequate relief for the invasion.
(b) where there exists no standard for ascertaining the actual
damage caused, or likely to be caused, by the invasion;
(c) where the invasion is such that compensation in money would
not afford adequate relief;
(d) where the injunction is necessary to prevent a multiplicity
of judicial proceedings.
Example- A pollutes the air by Smog. due to this, B and C who
are residing in the neighbourhood. An it interferes their
enjoyment of property. In this case to prevent the pollution B
and C can institute a suit.

39. Mandatory injunctions.—

When, to prevent the breach of an obligation, it is necessary to

compel the performance of certain acts which the court is capable
of enforcing, the court may in its discretion grant an injunction to
prevent the breach complained of, and also to compel
performance of the requisite acts.

40. Damages in lieu of, or in addition to, injunction.—

(1) The plaintiff in a suit for perpetual injunction under section 38,
or mandatory injunction under section 39, may claim damages
either in addition to, or in substitution for, such injunction and
the court may, if it thinks fit, award such damages.
(2) No relief for damages shall be granted under this section unless
the plaintiff has claimed such relief in his plaint:
Provided that where no such damages have been claimed in the
plaint, the court shall, at any stage of the proceedings, allow the
plaintiff to amend the plaint on such terms as may be just for
including such claim.
(3) The dismissal of a suit to prevent the breach of an obligation
existing in favour of the plaintiff shall bar his right to sue for
damages for such breach.

41. Injunction when refused.—

An injunction cannot be granted—

(a) to restrain any person from prosecuting a judicial proceeding
pending at the institution of the suit in which the injunction is
sought, unless such restraint is necessary to prevent a multiplicity
of proceedings;
(b) to restrain any person from instituting or prosecuting any
proceeding in a court, not subordinate to that from which the
injunction is sought;
(c) to restrain any person from applying to any legislative body;
(d) to restrain any person from instituting or prosecuting any
proceeding in a criminal matter;
(e) to prevent the breach of a contract the performance of which
would not be specifically enforced;
(f) to prevent, on the ground of nuisance, an act of which it is not
reasonably clear that it will be a nuisance;
(g) to prevent a continuing breach in which the plaintiff has
acquiesced;
(h) when equally efficacious relief can certainly be obtained by
any other usual mode of proceeding except in case of breach of
trust;
(ha) if it would impede or delay the progress or completion of
any infrastructure project or interfere with the continued
provision of relevant facility related thereto or services being the
subject matter of such project.”. (inserted in 2018) (Section 20A)
(1) when the conduct of the plaintiff or his agents has been such as
to disentitle him to be the assistance of the court;
(j) when the plaintiff has no personal interest in the matter.

42. Injunction to perform negative agreement. —

Notwithstanding anything contained in clause (e) of section 41,

where a contract comprises an affirmative agreement to do a
certain act, coupled with a negative agreement, express or implied,
not to do a certain act, the circumstance that the court is unable to
compel specific performance of the affirmative agreement shall not
preclude it from granting an injunction to perform the negative
agreement:
Provided that the plaintiff has not failed to perform the contract so
far as it is binding on him.