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OVERVIEW : SPECIFIC RELIEF ACT, 1963

 

Hello friends, today we shall take note of some of the important provisions of the Specific Relief Act, 1963, which came into force on 01.03.1964 to define laws for granting certain specific reliefs.

Section 4 – stipulates that specific relief shall only be granted for the purpose of enforcing individual civil rights and not merely for a penal law.

Section 6 – talks of the situation where a person has been dispossessed of the immovable property without his consent he or any person claiming through him, may file a suit to recover his possession, however such suit shall be filed within a period of 6 months from the date of such dispossession.  

The person claiming through him, can be a landlord whose tenant has been dispossessed by someone else, etc. The main purpose behind this section is to stop a person from dispossessing another by use of force or against his consent otherwise than due process of law.

Section 9 - provides that in case any suit is filed for enforcing specific performance under a contract, then the defaulting party might take resort to the defenses provided under the Contract Act.

Section 10 – provides that specific performance of any contract may be enforced as per the discretion of the court in case where there are no chances of calculating the actual damage caused or compensating monetarily would not be adequate. Ordinarily, it is presumed that the breach in cases for specific performance against immovable property shall not be compensated with money.

Section 12 – provides that generally the court shall not direct the specific performance of part of the contract. But in certain cases, where party is unable to perform the whole of the contract but part which might be unperformed is a small portion, court may grant performance of major part of the contract and ward compensation for the remaining. Also where part of contract which can be independently performed and separated from the rest the contract, court may grant performance of the former part. Law provided under this section is based on the premise that it is better to deliver justice in some proportion rather than denying it in entirety.

Sec 20—talks about the discretion given to courts in deciding whether in a particular case, specific performance is to be granted or not. In cases, where it is shown that the plaintiff has an unfair advantage in granting the performance of the contract the court might refuse such performance. Also in cases, where there exists a hardship in performing any contract which the defendant did not forsee and the plaintiff shall not be prejudiced in refusing performance, then the said contract shall not be performed.

Sec 34—this is very important section which deals with the declaration of status or right to the party seeking some rights as to the legal character or any of the rights relating to any property against any person denying his title to such character or right

I hope the topic discussed above will be helpful to the readers. For any query, feel free to write in our comments section.

 

 

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