Code: Section 22 Specific Relief Act
22. Power to grant relief for possession, partition, refund of earnest money, etc.
(1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908 (5 of 1908), any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for:
(a) Possession or partition and separate possession of the property in addition to such performance; or
(b) Any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or made by him, in case his claim for specific performance is refused.
(2) No relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it has been specifically claimed. Provided that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief.
(3) The power of the court to grant relief under clause (b) of sub-section (1) shall be without prejudice to its powers to award compensation under Section 21.
Explanation of Section 22 – The Specific Relief Act
Section 22 of the Specific Relief Act provides courts the power to grant additional reliefs in suits for the specific performance of a contract related to the transfer of immovable property. The provision allows plaintiffs to claim not just the specific performance of a contract but also other forms of relief such as possession, partition, and even the refund of earnest money if their claim for specific performance is denied.
Key Provisions:
- Relief for Possession or Partition: In a suit for specific performance of a contract for immovable property, the plaintiff may request possession of the property or partition and separate possession, in addition to the specific performance of the contract.
- Other Reliefs (Including Earnest Money Refund): If specific performance is not granted, the plaintiff can claim any other relief, including a refund of earnest money or a deposit made under the contract.
- Claim Requirement: The plaintiff must specifically claim the reliefs listed in sub-sections (1) and (2) in the plaint. If not initially claimed, the court may allow the plaintiff to amend the plaint during the proceedings.
- No Prejudice to Compensation Claims: The power to grant reliefs under this section is without prejudice to the court’s power to award compensation under Section 21, ensuring that a claimant can seek compensation even if they are claiming possession or a refund.
Illustration
Example 1: Claiming Possession in Addition to Specific Performance
A buyer sues for specific performance of a contract to purchase land. In addition to asking for specific performance, the buyer may also seek possession of the land. If the buyer is successful in the suit, they could receive not only the performance of the contract but also actual possession of the property.
Example 2: Refund of Earnest Money When Specific Performance is Refused
A seller fails to transfer the property as per the agreement. The buyer sues for specific performance, but the court decides that specific performance cannot be granted. In such a case, the buyer can claim the refund of earnest money paid at the time of the contract, under clause (b) of sub-section (1).
Example 3: Seeking Partition of Property
In a case where multiple parties are involved, and a specific performance of a contract to divide a property is sought, the buyer may ask for partition and separate possession of the property, along with specific performance, if it is part of the agreement.
Common Questions and Answers on Section 22
1. Can I claim possession of the property if I’m suing for specific performance?
- Answer: Yes, under Section 22(1)(a), you can claim possession or partition and separate possession of the property, in addition to specific performance.
2. Can I claim a refund of earnest money if the specific performance is refused?
- Answer: Yes, under Section 22(1)(b), if your claim for specific performance is refused, you can ask for the refund of earnest money or any deposit made under the contract.
3. Do I need to mention these reliefs in my initial plaint?
- Answer: Yes, the relief must be specifically claimed in your plaint. However, if you miss mentioning these reliefs initially, you can amend your plaint at any stage of the proceeding to include them.
4. Can I claim possession and compensation together?
- Answer: Yes, Section 22(3) ensures that claiming possession does not affect your right to claim compensation under Section 21 for any breach of contract.
Conclusion
Section 22 of the Specific Relief Act provides valuable additional remedies for plaintiffs seeking specific performance of contracts for the transfer of immovable property. It allows claims for possession, partition, and the refund of earnest money when specific performance cannot be granted. The section also ensures flexibility for plaintiffs to amend their plaints and claim the reliefs they are entitled to, making it a comprehensive provision for those seeking justice in property-related disputes.
