Code: Section 39 – The Specific Relief Act, 1963
“When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.”
Explanation of Section 39 – Mandatory Injunctions
Section 39 of the Specific Relief Act introduces the concept of a mandatory injunction. Unlike prohibitory injunctions, which stop someone from doing something, a mandatory injunction requires a person to do a specific act to correct or prevent the breach of an obligation.
This section gives the court the power to not only prevent the violation of legal rights but also to enforce the necessary positive action required to restore the situation.
In short:
- If someone’s legal obligation is being violated,
- And the breach can’t be properly addressed without some action being taken,
- Then the court may issue a mandatory injunction directing the person to carry out that action.
However, courts use this power carefully. They must be certain that:
- The obligation is clear,
- The breach is serious or ongoing,
- And the act to be enforced can actually be performed.
Illustration
Example 1: Restoring a Blocked Right of Way
A property owner blocks the shared access road used by a neighbor. The neighbor sues, and the court finds that there is a legal right of way. To fix the issue, the court issues a mandatory injunction asking the property owner to remove the barrier and restore access.
Example 2: Removal of Unauthorized Construction
A person illegally constructs a wall that blocks light and air to the neighboring building. The court issues a mandatory injunction requiring that the wall be demolished to protect the neighbor’s rights.
Common Questions and Answers on Section 39 – Specific Relief Act
1. What is a mandatory injunction?
A mandatory injunction is a court order that requires a person to do something, usually to correct or prevent the violation of someone else’s rights.
2. How is a mandatory injunction different from a regular injunction?
While a prohibitory injunction stops someone from doing something, a mandatory injunction directs them to take specific action to correct a wrong or fulfill an obligation.
3. When will a court grant a mandatory injunction?
A court may grant it when:
- A legal obligation exists,
- There is a breach or threat of breach,
- Preventing the breach requires action,
- And the act can realistically be enforced.
4. Can the court force someone to undo what they’ve already done?
Yes. If the original act caused a breach of obligation, the court may order the person to undo it—such as demolishing a wall or clearing an obstruction.
5. Are mandatory injunctions common?
They are less common than prohibitory injunctions because they involve forcing action, which courts consider more serious. Still, they are granted when necessary to ensure justice.
Conclusion
Section 39 of the Specific Relief Act empowers courts to issue mandatory injunctions when simply stopping a wrongful act isn’t enough. This type of injunction ensures that justice is not just about prevention but also about correction. If someone has violated your legal rights and only a specific action can set things right, this provision can help restore your position.
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