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contract specific relief

The document outlines various legal provisions related to the recovery of possession of property, specific performance of contracts, rectification and cancellation of instruments, preventive relief, and declaratory relief under the Specific Relief Act. It details the conditions under which specific performance can be enforced, the types of contracts that cannot be specifically enforced, and the nature of injunctions. Additionally, it discusses the circumstances under which courts may grant equitable relief and the types of injunctions available.

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21 views5 pages

contract specific relief

The document outlines various legal provisions related to the recovery of possession of property, specific performance of contracts, rectification and cancellation of instruments, preventive relief, and declaratory relief under the Specific Relief Act. It details the conditions under which specific performance can be enforced, the types of contracts that cannot be specifically enforced, and the nature of injunctions. Additionally, it discusses the circumstances under which courts may grant equitable relief and the types of injunctions available.

Uploaded by

nanditagm11
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1.

Recovery of possession of property


S.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.

S.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.

2. Specific performance of contracts


Specific performance is equitable relief given by a court in case of breach of
contract in the form of a judgment that the defendant is to actually perform the
contract according to its terms and stipulations.

According to Section 10 specific performance of a contract may be enforced by


the Court at its discretion in certain situations.
Section 10 reads as follows :-
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.

Contracts which cannot be specifically enforced (Section 14)


Section 14 deals with contracts which cannot be specifically enforced. The
provision is as follows :-
Contracts not specifically enforceable.-(1) The following contracts cannot be
specifically enforced, namely :-
(a) a contract for the non-performance of which compensation in money is an
adequate relief;
(b) a contract which runs into such minute or numerous details or which is so
dependent on the personal qualifications or volition of the parties, or otherwise
from its nature is such, that the court cannot enforce specific performance of its
material terms;
(c) a contract which is in its nature determinable;
(d) a contract, the performance of which involves the performance of a
continuous duty which the court cannot supervise.

3. Rectification and cancellation of instruments and rescission of contracts


S. 26. When instrument may be rectified. — (1) When, through fraud or a mutual
mistake of the parties, a contract or other instrument in writing does not express
their real intention

S. 31. When cancellation may be ordered. — (1) Any person against whom a
written instrument is 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.

4. Preventive relief
According to Section 36 preventive relief is granted at the discretion of the court
by injunction temporary or perpetual.
A preventive relief (injunction) is an order or command of the Court preventing a
party from doing something which he is under a legal duty not to do. For
instance, every person is legally bound not to commit trespass or not to defame a
person, and, therefore, the court may issue an injunction preventing a party from
committing a trespass, or defaming someone.

For example. A is constructing a wall in B's land. At the suit of B by providing him
preventive relief A can be prohibited to do so because A is not legally liable to do
so.

5. Declaratory relief
Declaratory relief, under Section 34 of the Specific Relief Act, 1963, is an
equitable remedy that declares the existing rights of a party, rather than
ordering any action or payment by the defendant. It's a discretionary relief,
granted only when public or private interests are materially promoted by such
a declaration.

Contracts which are specifically enforceable:


Where no other suitable remedy
Nivarti Govind Ingale v Revana Bhimanagouda Patil, (1997)
A family woman (appellant's mother) borrowed a sum of money from a family
member (respondent's father) and executed a deed of sale of her property in
favour of the lender's minor son with an agreement of reconveyance on
repayment of the loan. The dues under the loan were paid back and on denial of
reconveyance, the Supreme Court upheld the decree of specific performance
ordering reconveyance. The mortgagee having disposed of the property, the
decree was allowed to be enforced against such buyer also

Valid contract in existence- d has committed breach and p is willing to perform


The other two requirements for seeking specific relief are that the defendant
committed breach of the contract and that the plaintiff was always ready and
willing to perform his part of the obligation in terms of the contract.

Contract not extinguished by decree


The passing of decree for specific performance does not extinguish the contract
between the parties. The parties continue to be entitled to their rights and bound
by their obligation under the contract. The decree for specific performance
merely recognises entitlement to the claim for specific performance.

Delay
Unreasonable delay by a plaintiff in performing his part of the contract operates
as a bar to his obtaining specific performance.

S. 14. Contracts not specifically enforceable. —


(a) a contract where compensation in money is an adequate relief;
E.g. An ordinary contract to lend or borrow money whether with or without
security is an example of a contract which cannot be specifically enforced,
though where a loan has been already advanced on the understanding that a
security would be provided against it, this can be specifically enforced.

(b) a contract which involves personal skills;


E.g. Contracts of employment, contracts of personal service, contracts involving
performance of artistic skill, like contracts to sing, to paint, to act, contracts of
authorship.
(c) a contract which is in its nature determinable e.g. partnership, employment;
E.g. A and B contract to become partners in a certain business, the contract did
not specify the duration of the proposed partnership. The contract cannot be
specifically performed, for, if it were so performed, either A or B might at once
dissolve the partnership.

(d) a contract the performance of which involves constant supervision.


E.g. Where a tenant vacated a site for purposes of reconstruction under an
understanding that a portion of the building would be allotted to him, the court
held that the landlord was bound to provide the premises as promised.

S. 15. Who may obtain specific performance.


(a) any party
(b) a principle or a representative in interest
(c) members of a family beneficial in contracts for marriage or a compromise of
rights between family.
(d) by a tenant for life
(e) reversioner in possess on where agreement is a covenant in remainder
(f) reversioner in remainder
(g) company which entered into an agreement but amalgamated with another
company - the new company
(h) promoters of a company in contract befire its incorporation, for a contract
warranted by the terms of incorporation.

INJUNCTIONS

"An injunction is a judicial process whereby a party is ordered to refrain from


doing or to do a particular act or thing".

Kinds:
S. 37 Temporary: Temporary injunctions are such as are to continue until a
specified 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 Code of Civil Procedure, 1908.
S. 38 Perpetual: 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.

S. 39 Mandatory: 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 ofthe requisite acts.

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