The Specific Relief Act, 1963: A Comprehensive Guide



  1. Introduction 
  2. Key Definitions
  3. Purpose Of The Specific Relief Act, 1963
  4. Conditions For Specific Performance
  5. Contracts Ineligible For Specific Enforcement
  6. Persons Eligible And Ineligible For Specific Performance
  7. Power To Award Compensation
  8. Rectification Of Instruments
  9. Understanding Contract Rescission
  10. Methods Of Cancelling Contracts Via Rescission
  11. Void Or Voidable Instruments
  12. Declaratory Decrees
  13. Preventive Relief And Injunctions
  14. Perpetual Injunctions And Their Conditions
  15. Conclusion 


The Specific Relief Act, 1963 is a legal statute in India that provides remedies for the enforcement of individual civil rights. It primarily deals with specific performance of contracts, injunctions, rectification and cancellation of instruments, and declaratory relief. The Act ensures that when a party to a contract fails to perform their obligations, the aggrieved party can seek specific relief, compelling the defaulting party to fulfil their part of the agreement rather than merely seeking monetary compensation. This Act is considered an extension of the principles established in the Indian Contract Act, 1872, and it aims to provide fair and equitable remedies to the parties involved in contractual disputes.

Key Definitions 

Section 2 of the Specific Relief Act, 1963 provides important definitions:

  1.  Section 2(a): Defines “obligations” as duties imposed on a person by law or a legal authority.
  2. Section 2(b): Defines “settlement” as the delivery of movable or immovable property to successive interests as agreed upon.
  3. Section 2(c): Defines “trust” with the same meaning as in Section 3 of the Indian Trusts Act, 1882.
  4. Section 2(d): Defines “trustee” as the person holding the trust in the property.

Purpose Of The Specific Relief Act, 1963

Section 4 of the Specific Relief Act, 1963 clarifies that the Act provides special relief for enforcing individual rights rather than imposing penal laws. The enforcement under this Act is based solely on individual civil rights, and the substantive nature of these rights must be established. In simpler terms, specific relief aims to address infringements of civil rights. The main objective is to focus on these rights, and if a case has a penal nature, it must be established separately.

The recovery of possession under the Specific Relief Act, 1963 is addressed under two categories and they are recovery of immovable property and recovery of movable property. The Act operates on the fundamental principle that “possession is itself prima facie evidence of ownership.”

Regarding the recovery of possession of immovable property, Section 5 outlines the remedies available to a person who has been dispossessed of their property. If an individual has been unlawfully removed from possession or seeks to reclaim their rightful property, they can do so through the recovery procedures provided by the Code of Civil Procedure, 1908. This process requires the individual to prove that the title to the property rightfully belongs to them.

Section 6 of the Specific Relief Act details the process for filing a suit for the recovery of possession in cases where a person has been unlawfully dispossessed or divested of their property. This section not only establishes a legal principle but also holds practical significance. Several essential conditions must be met for a successful recovery under this section:

  1. The person filing the suit must be in possession of the property.
  2. Dispossession must have occurred against the law or in a manner contrary to legal principles.
  3. The dispossession must have happened without the consent of the person suing.
Also Read  Understanding The Insolvency And Bankruptcy Code

Sub-clause (2) of Section 6 specifies that a suit cannot be initiated after six months from the date of dispossession, and also, no suit can be brought against the government. If the prescribed time period has lapsed without filing a suit, the only available relief is to prove one’s title to the property under Section 5. 

Section 6 also sets limitations, stating that orders or decrees issued under this section are not subject to appeal or review but can be revised.

Section 7 of the Specific Relief Act, 1963 outlines the procedure for recovering possession of movable property, as per the provisions of the Code of Civil Procedure, 1908. This section is further elaborated in two sub-clauses. The first sub-clause enables a trustee to file a suit for the beneficial interest they are entitled to, while the second sub-clause acknowledges that ownership of the property can be established through the presence of a special right held by the person suing, which is sufficient grounds to initiate legal proceedings.

The essentials of Section 7 are there must be movable property capable of delivery or disposal, the person suing must be in possession of the property, and there may exist a special or temporary right associated with the property. Section 8 of the Act explains that a person in possession of an article not owned by them can be compelled to deliver it under specific circumstances. These include when the defendant holds the article as a trustee for someone with immediate possession, when monetary compensation is insufficient, when actual damages are challenging to ascertain, or when possession of the article has been wrongfully transferred from the rightful owner.

Conditions For Specific Performance

Section 10 of the Specific Relief Act outlines the conditions under which specific performance of a contract may be enforced. Generally, the court has discretion in granting specific performance, but certain conditions must be met, including cases where:

  1. Damages resulting from non-performance cannot be accurately quantified.
  2. Monetary compensation is deemed inadequate for the losses incurred due to non-performance.
  3. Unless proven otherwise, the court presumes that breach of contract concerning immovable property cannot be adequately compensated with money, whereas breach of contract regarding movable property can generally be relieved, except in specific cases like when the property is not a typical commercial item or when it is held by the defendant as a trustee.

Contracts Ineligible For Specific Enforcement

Section 14 lists contracts that cannot be specifically enforced, such as:

  1. Contracts where monetary compensation is sufficient for non-performance.
  2. Contracts involving intricate personal details or nature personal to the parties.
  3. Contracts requiring continuous work that the court cannot effectively supervise.
  4. Contracts with a determinable nature.
Also Read  All About The Consumer Protection Act, 2019

Persons Eligible And Ineligible For Specific Performance

Section 15 deals with persons who can or cannot be compelled for specific performance:

  1. Eligible parties include any party to the contract or any party to a suit, along with representatives with specific qualifications or skills.
  2. Principals in interest are generally not entitled to specific performance.
  3. Contracts involving marriage settlements, family compromises, or agreements by a tenant over a property for life fall under specific categories with varied enforceability.

Power To Award Compensation

Section 21 of the Specific Relief Act discusses the court’s authority to award compensation in various situations:

  1. In cases where a suit is filed for specific performance of a contract due to its breach, the aggrieved party can also seek compensation in addition to specific performance.
  2. If the court determines that specific performance is not feasible but a breach of contract has occurred, it may order compensation for the aggrieved party.
  3. When the court deems that granting specific performance would not suffice as adequate relief, it can order compensation instead.
  4. However, compensation will not be awarded if monetary relief is not specifically mentioned in the initial complaint.

Rectification Of Instruments

Section 26 of the Act outlines the process of rectifying instruments:

  1. When fraud or mutual mistake leads to parties not expressing their true intentions in an instrument, either party or their representative can file a suit for rectification.
  2. The plaintiff can request rectification in their initial complaint, and the defendant can do the same in their defence.
  3. The court may direct rectification when fraud prevents parties from showing their true intentions, particularly to protect the rights of third parties.

For rectification to be granted, the party seeking it must first make a written request and then include it in their pleading. Failure to specifically mention rectification may result in the court denying the relief.

Understanding Contract Rescission

Section 27 of the Specific Relief Act addresses contract rescission, which essentially means the withdrawal or cancellation of a contract. Rescission restores the parties to the original state as if the contract never occurred, known as “status quo ante.”

A contract can be rescinded at the request of any party, with exceptions where rescission may not be possible. Rescission can be cancelled under specific circumstances:

  1. When the contract is terminated or deemed voidable by the plaintiff.
  2. When the contract is unlawful.

Methods Of Cancelling Contracts Via Rescission

Contracts can be cancelled through rescission in the following situations:

  1. If the plaintiff consents to the contract themselves.
  2. When a third party gains interest in the contract, raising questions about their rights.
  3. In cases where only a portion of the contract needs cancellation but it cannot be separated from the rest of the contract without difficulty.

Additionally, Sections 31 to 33 of the Specific Relief Act provide avenues for the cancellation of instruments through court intervention.

Also Read  An Insight Into The Evidence Law

Void Or Voidable Instruments

Section 31 allows a person to seek the cancellation of an instrument if it is either void or voidable against them, especially if it might cause harm or damage.

Likewise, Under Section 32, contracts can be partially cancelled, particularly when certain rights and obligations within the contract are connected to specific parties. In such cases, the court may cancel the faulty portion of the contract while allowing the unaffected parts to remain valid.

Furthermore, Section 33 covers two aspects regarding cancellation:

  1. Power of the Aggrieved Party: After successful cancellation of the contract, the aggrieved party is entitled to the restoration of benefits and compensation to ensure fairness and justice.
  2. Orders to the Defendant: If the suit is proven to be voidable against the defendant, they are obligated to restore any benefits received during the contract to the plaintiff.

Declaratory Decrees

Sections 34 and 35 of the Specific Relief Act address declaratory decrees issued by courts in contractual matters.

Under Section 34, if a person is denied a certain right or obligation concerning property, they can file a suit to enforce that right. The court, upon reviewing the case, may issue a declaratory decree affirming the aggrieved party’s right to the title of the property. However, the court will not grant such a decree if the plaintiff seeks more than just title over the property.

Section 35 specifies that a declaratory decree is binding only on the parties involved in the suit and any trustees at the time of the suit, if applicable.

Preventive Relief And Injunctions

Preventive relief is any action that prevents a party from carrying out a specific act. Injunctions are a type of preventive relief where a court orders a party to refrain from certain actions. The Specific Relief Act details injunctions from Section 36 to 44, categorising them as temporary, perpetual, or mandatory.

Perpetual Injunctions And Their Conditions

Perpetual injunctions, also known as permanent injunctions, can only be granted after considering the merits of the case where the defendant has asserted their rights to the detriment of the plaintiff. Perpetual injunctions are typically granted to prevent breaches of obligations and to protect the rights of the plaintiff. They may be applied in cases where the defendant is a trustee of the property, actual damages cannot be determined, monetary compensation is inadequate, or to prevent multiple legal actions.


The Specific Relief Act of 1963 offers a range of remedies to parties involved in legal disputes, each tailored to address different situations and enforceable under specific rules. Its primary goal is to ensure that individuals do not suffer from damages or losses and that those responsible for such harm are capable of restoring any unjust gains they’ve obtained. This act is designed to deliver fair justice to all parties involved, avoiding unjust favouritism towards any one party.


Never miss any important news. Subscribe to our newsletter.

Leave Your Comment

Recent News

Editor's Pick