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OBJECTIVE


The 'Specific Relief Act 1963' is an Act of the Parliament of India large number of remedial aspects of law. It came in the replacement of the earlier Act of 1877. Protection of life and property cannot be assured by a simple declaration of rights and duties. The enumeration of rights and duties must be supplemented by legal devices which help the individual to enforce his rights. Social redress must be provided to every person who is injured in the social process.[1] Basically, the mission of the Specific Act is to assure that whenever there is a wrong there must be a remedy.

Ps&A DEALS WITH THE FOLLOWING PROVISION OF SPECIFIC RELIEF ACT, 1963

Saving-specific relief to be granted only for enforcing individual- civil rights and not for enforcing penal laws-specific relief-recovering possession of property-recovery of specific immovable property-suit by persons dispossessed of immovable property-recovery of specific movable property-liability of person in possession, not as owner, to deliver to persons entitled to immediate possession-specific performance of contracts-defense respecting suits for relief based on contract-contracts which can be specifically enforced-cases in which specific performance of-contract enforceable-cases in which specific performance of contracts connected with trust enforceable-specific performance of part of contract-rights of purchaser or lessee against person with no title or imperfect title-power to grant relief for possession, partition, refund of earnest money, etc.-discretion as to decreeing specific performance-power to award compensation in certain cases discretion and powers of court-contracts which cannot be-specifically enforced-non-enforcement except with variation-contract to sell or let property by one who has no title, not specifically enforceable-who may obtain specific performance personal bars to relief-persons for or against whom contracts may be specifically enforced-contracts not specifically enforceable relief against parties and persons claiming under them by subsequent title-liquidation of damages not a bar to specific performance-bar of suit for compensation for breach after dismissal of suit for specific performance.-enforcement of awards and directions to execute settlements-application of preceding sections to certain awards and testamentary directions to execute-settlements-rectification of instruments-when instrument may be rectified-rescission of contracts-where rescission may be adjudged or refused-rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed-alternative prayer for rescission in suit for specific performance-court may require parties rescinding to do equity-cancellation of instruments-when cancellation may be ordered-what instruments may be partially cancelled-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-declaratory decrees-discretion of court as to declaration of status or right-effect of declaration-preventive relief injunctions generally-preventive relief how granted-temporary and-perpetual injunctions-perpetual injunctions-perpetual injunction when granted-mandatory injunctions-damages in lieu of, or in addition to, injunction-injunction when refused-injunction to perform negative agreement