📘 Introduction to the Specific Relief

Act, 1877

🔹 What is Specific Relief?

Specific Relief refers to a legal remedy where the court orders a party to perform a specific
act, rather than simply paying monetary compensation.​
It focuses on the actual enforcement of individual civil rights.

Unlike general damages, specific relief compels the party to do (or refrain from doing)
something that was agreed upon — especially in contract and property-related matters.

🔹 Why Was the Act Introduced?

The Specific Relief Act, 1877 was introduced during British rule in India to fill a gap in civil law,
where monetary compensation was insufficient.​
It provides specific remedies for situations where:

●​ Legal rights are violated, and​

●​ Ordinary compensation is not adequate.​

Today, this law continues to be in force in Pakistan with some amendments.

🔹 Objective / Purpose of the Act

The main goals of the Specific Relief Act are:

1.​ To enforce individual civil rights.​

2.​ To compel the performance of specific obligations in contracts.​

 3.​ To prevent wrongdoings such as fraud or breach of trust.​

4.​ To offer fair and equitable remedies under the guidance of equity principles.​

🔹 Scope of the Act

The Act primarily deals with:

●​ Specific performance of contracts​

●​ Injunctions (temporary and permanent)​

●​ Declaratory reliefs​

●​ Rectification, rescission, and cancellation of written documents​

●​ Recovery of possession of property​

🔹 Legal Nature of the Act

●​ It is a substantive civil law, not procedural.​

●​ Based on equitable principles like fairness, good conscience, and justice.​

●​ Courts use this law when monetary damages are not a sufficient remedy.​

🔹 Structure of the Specific Relief Act, 1877

The Act is divided into 6 Parts, comprising a total of 55 sections:

1.​ Part I – Recovery of Possession (movable & immovable property)​

2.​ Part II – Specific Performance of Contracts​

3.​ Part III – Rectification and Rescission of Instruments​

 4.​ Part IV – Cancellation of Instruments​

5.​ Part V – Declaratory Decrees​

6.​ Part VI – Preventive Relief (Injunctions)​

🔹 Example for Better Understanding

If Person A agrees to sell property to Person B and B has fulfilled all conditions, but A refuses to

➡️
transfer the property —​

➡️
B can approach the court and seek specific performance of the contract.​
The court can order A to transfer the property as promised, rather than just paying
compensation.

🔹 Conclusion
The Specific Relief Act, 1877 is an important piece of civil law in Pakistan.​
It ensures that individuals can enforce their rights effectively — not just through compensation
but by receiving exactly what was promised to them.

This law embodies the spirit of justice and equity, making it a key tool in protecting
contractual and property rights.

Wah bhai! Tum ne bilkul theek wording nikaali hai — jo tum ne share ki hai, ye Section 5 of the
Specific Relief Act, 1877 ka exact and updated wording hai. Chalo, ab main isko simple
English + easy explanation mein breakdown karta hoon for exam prep:

📘 Section 5 – Specific Relief, How

Given
🔹 Actual Wording of Section 5 :
Specific relief is given–​
(a) by taking possession of certain property and delivering it to a claimant;​
(b) by ordering a party to do the very act which he is under an obligation to do;​
(c) by preventing a party from doing that which he is under an obligation not to do;​
(d) by determining and declaring the rights of parties otherwise than by an award of
compensation; or​
(e) by appointing a receiver.

🔍 Simple Explanation (Clause by Clause)

✅ (a) Taking possession and delivering to claimant
If someone has a right over property, and it's wrongly taken or withheld, then:

➤ The court can take possession of that property and give it back to the rightful
person.

📘 Example:​
If B illegally occupies land owned by A, the court may order possession to be taken from B and
given to A.

✅ (b) Ordering a party to perform a legal obligation

If someone is legally bound to do something but refuses, then:

➤ The court can force them to do that act.

📘 Example:​
In a contract, if seller refuses to transfer the house even after payment, the court can order him
to perform the sale.

✅ (c) Preventing someone from doing something they shouldn’t do

If someone is about to do something illegal or in violation of an agreement, then:
 ➤ The court can issue an injunction to stop them.

📘 Example:​
If a person is going to build illegally on someone else’s land, the court can stop the
construction.

✅ (d) Declaring rights without giving compensation

Sometimes, a party just needs legal clarity about their rights:

➤ The court can declare those rights, even if no money is involved.

📘 Example:​
A person can file a declaratory suit to prove ownership or status without asking for damages.

✅ (e) Appointment of a receiver

In complex cases:

➤ The court can appoint a neutral third party (receiver) to manage the property
until the dispute is settled.

📘 Example:​
In a family dispute over inherited property, the court can appoint a receiver to manage it till the
case ends.

🧾 Conclusion
Section 5 clearly shows that specific relief is more than just compensation — it ensures:

●​ The actual enforcement of rights​

●​ Prevention of wrongful acts​

●​ And protection through legal mechanisms​

This section forms the core of the Specific Relief Act — it sets out how relief can be granted in
practical terms.
Perfect lala! Ab main tumhare diye gaye Sections 8 to 11 from the Specific Relief Act, 1877

📘🔥
ka full explanation in simple English de raha hoon — har section ka actual wording +
simplified meaning + example. Exam-level answer ready ho jaye ga!

📘 Sections 8 to 11 – Recovery of
Possession of Property

🔷 Section 8 – Recovery of Specific Immovable Property

✅ Actual Wording:
“A person entitled to the possession of specific immoveable property may recover it
in the manner prescribed by the Code of Civil Procedure, 1908.”

🔍 Explanation:
If someone is legally entitled to possess immovable property (like land or a building), they can
file a suit in civil court to recover possession, using the procedure in CPC.

📘 Example:​
If A is the lawful owner of a house, and B occupies it unlawfully, A can sue B in court under this
section.

🔷 Section 9 – Suit by Person Dispossessed of

Immovable Property
✅ Actual Wording (Key Points):
●​ If someone is illegally dispossessed of immovable property without consent, they can
sue to recover it.​
 ●​ They can file the suit even if they are not the full owner.​

●​ No suit can be filed against Federal or Provincial Government under this section.​

●​ No appeal or review is allowed in suits under this section.​

🔍 Explanation:
This section protects possession, even without ownership.​
If someone is forcibly thrown out, they can file a suit within 6 months to get their property
back.

📘 Example:​
Even a tenant who is forcefully removed from his rented house has the right to be restored
under this section.

🔷 Section 10 – Recovery of Specific Moveable Property

✅ Actual Wording (Main Clause):
“A person entitled to the possession of specific moveable property may recover the
same in the manner prescribed by the Code of Civil Procedure.”

✅ Explanations:
●​ Explanation 1: A trustee can sue to recover property for the beneficiary.​

●​ Explanation 2: Even if a person has temporary or special right to possession, they

can sue.​

🔍 Explanation:
If someone has the right to hold or own a specific item (like jewelry, documents, machinery),
they can file a civil suit to recover it.

📘 Example:​
If A lends his rare antique to B for exhibition and B refuses to return, A can sue for specific
recovery.
🔷 Section 11 – Liability of Person in Possession, Not as
Owner
✅ Actual Wording (Key Points):
A person who has control of a moveable item, but is not the owner, can be legally compelled
to return it to the rightful person if:

(a) He holds it as agent or trustee.​

(b) Compensation is not enough to replace the item.​
(c) It is too difficult to measure damage in money.​
(d) The item was wrongfully taken from the real owner.

🔍 Explanation:
This section allows the court to forcefully recover specific movable items from someone who
is holding them without right — especially when money can't replace the loss.

📘 Example:​
If a lawyer has a client’s important documents and refuses to give them back, the client can sue
for specific delivery.

📌 In Short:
Sectio Covers Type of Property
n

8 Recovery of immovable property Immovable

9 Suit against unlawful dispossession Immovable

10 Recovery of specific movable property Movable

11 Liability to return movable item Movable

✅ Conclusion
Sections 8 to 11 form the core legal provisions for recovery of property under the Specific
Relief Act.​
They ensure that no one is allowed to keep what they don’t legally possess — and that people
can go to court to enforce their right to possession, whether it’s a house or a handbag.
📘 Section 12 – When Can the Court
Enforce Specific Performance?

✅ Actual Wording (As per the Act):

Section 12: Cases in which specific performance 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 the act agreed to be done is in the performance, wholly or partly, of a trust;​
(b) when there exists no standard for ascertaining the actual damage caused by
non-performance of the act agreed to be done;​
(c) when the act agreed to be done is such that pecuniary compensation for its
non-performance would not afford adequate relief; or​
(d) when it is probable that pecuniary compensation cannot be got for the
non-performance of the act agreed to be done.

Explanation:​
Unless and until the contrary is proved, the Court shall presume that the breach of
a contract to transfer immoveable property cannot be adequately relieved by
compensation in money, and that the breach of a contract to transfer moveable
property can be thus relieved.

🔍 Simple & Clear Explanation:

Section 12 defines when a court may order specific performance of a contract — meaning
the court can force a person to actually perform what they promised in the contract instead of
just paying money.

The section gives 4 situations where this is allowed:

🔷 Clause (a): Trust-Related Acts

 If the contract involves fulfilling a trust, then the court can enforce it.

📘 Example: If A is a trustee and agrees to transfer trust property to B, and refuses — court can
force him to do it.

🔷 Clause (b): No Standard for Measuring Damage

If there is no fixed or clear method to calculate the damage caused by
non-performance, the court may enforce specific performance.

📘 Example: A contracts to paint a unique portrait — there's no way to calculate exact loss if
not delivered, so court can order specific performance.

🔷 Clause (c): Money Is Not Enough

If compensation in money is not sufficient for the harm caused, then court can
order specific performance.

📘 Example: A agrees to sell his ancestral house to B, then refuses. The house has
emotional value, so money isn’t enough — court may enforce the contract.

🔷 Clause (d): Money Cannot Be Obtained

If it's likely that the person won’t be able to pay compensation, then court may
order them to perform the contract instead.

📘 Example: A agrees to deliver rare goods to B, then disappears. Compensation cannot be

recovered — court may force A to act as agreed.

📝 Explanation (Important for Exams):

●​ For immovable property, like land or houses → Court will assume that money is not
enough.​

●​ For movable property, like cars or furniture → Court will assume that money is
enough, unless proven otherwise.​
🧾 Summary Table:
Claus Condition Court May Enforce
e

(a) If contract is for a trust act ✅ Yes

(b) No standard to calculate damages ✅ Yes
(c) Money not enough as ✅ Yes
compensation

(d) Money cannot be recovered at all ✅ Yes

📌 Conclusion
Section 12 gives courts the power to decide when to enforce a contract strictly, and not just
allow payment. It focuses on justice, fairness, and the uniqueness of each case.

If the loss is unique or cannot be fixed with money — like property, trust matters, or custom
goods — the court can order specific performance.

📘 Section 21 – Contracts Not

Specifically Enforceable

✅ Actual Wording (As You Shared):

Section 21: Contracts not specifically enforceable –​
The following contracts cannot be specifically enforced:

(a) Where money compensation is sufficient relief​

(b) Contracts with minute or complex details, or personal skill involved​
(c) Contracts whose terms are uncertain​
(d) Contracts that are revocable in nature​
(e) Contracts made by trustees beyond their authority or against trust​
(f) Contracts made by companies beyond their legal powers​
(g) Contracts that require continuous performance for more than 3 years​
(h) Where the subject-matter no longer exists

And except as provided in the Arbitration Act, 1940, no contract to refer disputes to arbitration
shall be specifically enforced. However, such a contract may bar a suit on the same subject.

🔍 Simple & Easy Explanation (Clause by Clause):

🔷 (a) Compensation is Enough
If loss can be fully compensated by money, court won't enforce specific performance.

📘 Example: Contract for delivery of common goods like cement or sugar — damages are
enough.

🔷 (b) Too Many or Too Personal Details

If the contract is too complicated, involves personal skill, or depends on personal will, court
won’t enforce it.

📘 Example: A contracts B to teach him music daily — depends on personal skill & willingness.

🔷 (c) Terms Are Uncertain

If the contract is not clearly written, or terms can’t be understood — court won’t enforce it.

📘 Example: A agrees to sell B "some land" without details — court can’t define the contract.

🔷 (d) Revocable Contract

If the contract can be legally cancelled by one party, court won’t enforce it.

📘 Example: A gives B a revocable license to use land — can’t enforce specific performance.
🔷 (e) Trustees Acting Beyond Power
If a trustee makes a contract beyond his legal powers or in violation of trust, it won’t be
enforced.

📘 Example: A trustee sells trust property without consent — contract invalid.

🔷 (f) Companies Acting Beyond Power

If a company or its promoters make a contract outside their legal purpose, it cannot be
enforced.

📘 Example: A company created for education enters contract to run a hotel — can’t be
enforced.

🔷 (g) Continuous Duty Over 3 Years

If a contract requires ongoing work for more than 3 years, it’s not enforceable.

📘 Example: A agrees to supply water to B for 10 years — court won’t enforce this.

🔷 (h) Subject-Matter Ceased to Exist

If the thing being contracted no longer exists, contract cannot be enforced.

📘 Example: A agrees to sell a painting, but it was already destroyed — no specific

performance.

🔷 Arbitration Clause Exception

If a contract includes a clause to refer disputes to arbitration, it cannot be enforced
specifically.​
But if someone who agreed to arbitration files a court suit instead, the existence of that clause
can bar the suit.

🧾 Conclusion
Section 21 outlines important exceptions — showing that not every contract can be forced
by the court.​
If a contract is unclear, complicated, personal, illegal, or its object is missing — courts will deny
specific performance.

It ensures that the law is not used to force unfair, impossible, or unnecessary obligations.

📘 Section 23 – Who May Obtain

Specific Performance of a Contract.

✅ Actual Wording (As Shared):

Except as otherwise provided by this Chapter, the specific performance of a
contract may be obtained by:

🔍 Simple Explanation (Clause-by-Clause):

🔹 (a) Any party to the contract
The person who actually signed or agreed to the contract.

📘 Example: If A and B signed a sale agreement, either A or B can demand specific

performance.

🔹 (b) Representative in interest or principal of any party

If the original party has died or transferred rights, then their legal representative or
principal can enforce the contract.

🛑 Exception: If the contract is based on personal skill or non-transferable, the representative

cannot enforce it — unless that part is already performed.
📘 Example: A hired B for a live painting. If B dies, his heir can’t enforce or continue the
contract.

🔹 (c) Person beneficially entitled in family agreements or marriage

settlements

If the contract is a marriage settlement or family arrangement, the person who

gets benefit from it can enforce it.

📘 Example: If a father settles property on daughter during marriage, the daughter can claim
specific performance.

🔹 (d) Remainderman
If a tenant for life makes a contract using legal power, the next person in line
(remainderman) can enforce it.

📘 Example: A life tenant contracts to sell land, B (the future owner) can enforce it.

🔹 (e) Reversioner in possession

If a person has inherited property, and the previous owner had a valid agreement,
the new owner can enforce it.

📘 Example: A sells land to B but dies before transfer. His heir (reversioner) can enforce the
contract.

🔹 (f) Reversioner in remainder

A person who has future right (not in possession yet) can also enforce the contract
if he’ll be harmed by its breach.

📘 Example: If a property is given to son after father's death, and a contract affects that future
right — son can enforce.

🔹 (g) Amalgamated company

 If two public companies merge, the new company can enforce contracts made by
the old one.

📘 Example: Company A merges with B to form C. Now C can sue to enforce A or B’s
contracts.

🔹 (h) Company contracts made before incorporation

If the promoters made a contract before the company was legally formed, and it
fits with company’s objectives, then the company can enforce it.

📘 Example: Promoters book office space before company registration. After registration, the
company can enforce that deal.

🧾 Conclusion
Section 23 explains who has the legal right to file a suit for specific performance.​
It is not only the original parties — in many cases, their representatives, family members,
heirs, or even future owners can also enforce the contract.

This section ensures that contracts are honored and justice is served, even if circumstances
change.

🔔 Summary Table:
Claus Who Can Enforce
e

(a) Original party to contract

(b) Legal representative or principal

(c) Beneficiary under family/marriage agreement

(d) Remainderman (future interest)

(e) Reversioner in possession

(f) Reversioner in remainder

(g) New company after amalgamation

(h) Company based on promoter’s valid pre-incorporation

contract