What does Section 1 of The Specific Relief Act, 1963 say?

Object & Reasons▼ Statement of Objects and Reasons.

What does Section 3 of The Specific Relief Act, 1963 say?

(a) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or (b) to affect the operation of the Indian Registration Act, 1908 (16 of 1908), on documents.

What does Section 4 of The Specific Relief Act, 1963 say?

PART II PART II Specific Relief Specific Relief

What does Section 1 of The Specific Relief Act, 1963 say?

Object & Reasons▼ Statement of Objects and Reasons.

What does Section 3 of The Specific Relief Act, 1963 say?

(a) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or (b) to affect the operation of the Indian Registration Act, 1908 (16 of 1908), on documents.

What does Section 4 of The Specific Relief Act, 1963 say?

PART II PART II Specific Relief Specific Relief

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The Specific Relief Act, 1963

Q: What does Section 2 of The Specific Relief Act, 1963 say?

(a) obligation includes every duty enforceable by law; (b) settlement means an instrument other than a will or codicil as defined by the Indian Succession Act, 1925 (39 of 1925), whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of; (c) trust has the same meaning as in section 3 of the Indian Trusts Act, 1882 (2 of 1882), and includes an obligation in the nature of a trust within the meaning of Chapter IX

Q: What does Section 5 of The Specific Relief Act, 1963 say?

Recovering Possession Of Property

Raw JSON API

Section 5

Section 10

Section 30

27. When rescission may be adjudged or refused.

Section 27

28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed.

Section 28

29. Alternative prayer for rescission in suit for specific performance.

Section 29

30. Court may require parties rescinding to do equity.

Section 30

CHAPTER V

Section 35

31. When cancellation may be ordered.

Section 31

32. What instruments may be partially cancelled.

Section 32

33. 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.

Section 33

CHAPTER VI

Section 39

34. Discretion of Court as to declaration of status or right.

Section 34

35. Effect of declaration.

Section 35

CHAPTER VII

Section 42

36. Preventive relief how granted.

Section 36

37. Temporary and perpetual injunctions.

Section 37

CHAPTER VIII

Section 45

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    "id": 13159,
    "slug": "specific-relief-act-1963",
    "title": "The Specific Relief Act, 1963",
    "short_title": "The Specific Relief Act, 1963",
    "act_number": "(47 of 1963)",
    "act_year": 1963,
    "act_type": "CENTRAL",
    "location": "India (Central)",
    "law_status": "unknown",
    "enactment_date": "1963-12-13",
    "description": "The Specific Relief Act, 1963",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "Object & Reasons▼\nStatement of Objects and Reasons.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) obligation includes every duty enforceable by law;\n(b) settlement means an instrument other than a will  or codicil as defined by the Indian Succession Act, 1925 (39 of 1925), whereby the destination or devolution of successive interests in movable or immovable  property is disposed of or is agreed to be disposed of;\n(c) trust has the same meaning as in section 3 of  the Indian Trusts Act, 1882 (2 of 1882), and includes an obligation in the  nature of a trust within the meaning of Chapter IX of that Act;\n(d) trustee includes every person holding property in trust;\n(e) all other words and expressions used herein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872), have the  meanings respectively assigned to them in that Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Savings.",
            "chapter": null,
            "content": "(a) to deprive any person of any right to relief,  other than specific performance, which he may have under any contract; or\n(b) to affect the operation of the Indian Registration Act, 1908 (16 of 1908), on documents.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Specific relief to be granted only for enforcing individual civil rights and not for enforcing  penal laws.",
            "chapter": null,
            "content": "PART II\nPART II\nSpecific Relief\nSpecific Relief",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "CHAPTER I",
            "chapter": "CHAPTER I",
            "content": "Recovering Possession Of Property",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "5",
            "title": "5. Recovery of specific immovable property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "6",
            "title": "6. Suit by person dispossessed of immovable property.",
            "chapter": null,
            "content": "(a) after the expiry of six months from the date of dispossession; or\n(b) against the Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "7",
            "title": "7. Recovery of specific movable property.",
            "chapter": null,
            "content": "Explanation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "8",
            "title": "8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.",
            "chapter": null,
            "content": "(a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff;\n(b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed;\n(c) when it would be extremely difficult to ascertain the actual damage caused by its loss;\n(d) when the possession of the  thing claimed has been wrongfully transferred from the plaintiff.\nExplanation.\n(a) that compensation in money would not afford the plaintiff adequate relief for the loss of the thing  claimed, or, as the case may be;\n(b) that it would be extremely difficult to ascertain the actual damage caused by its loss.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "CHAPTER II",
            "chapter": "CHAPTER II",
            "content": "Specific Performance Of Contracts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "9",
            "title": "9. Defence  respecting suits for relief based on contract.",
            "chapter": null,
            "content": "Contracts which can be  specifically enforced\n[10. Specific performance in respect of contracts.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "11",
            "title": "11. Cases in which specific performance of contracts connected with trusts enforceable.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "12",
            "title": "12. Specific  performance of part of contract.",
            "chapter": null,
            "content": "(a) forms a considerable part of  the whole, though admitting of compensation in money; or\n(b) does not admit of compensation in money;\n(i) in a case falling  under clause (a), pays or has paid the agreed consideration for the  whole of the contract reduced by the consideration for the part which must be  left unperformed and in a case falling under clause (b), [pays or has paid] the consideration for the whole of the contract without any abatement; and\n(ii) in either case, relinquishes all claims to the performance of the remaining part of the  contract and all right to compensation, either for the deficiency or for the  loss or damage sustained by him through the default of the defendant.\nExplanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "13",
            "title": "13. Rights of purchaser or lessee against person with no title or imperfect title.",
            "chapter": null,
            "content": "(a) if the vendor or lessor has subsequently to the contract acquired any interest in the property, the  purchaser or lessee may compel him to make good the contract out of such  interest;\n(b) where the concurrence of  other persons is necessary for validating the title, and they are bound to concur at the request of the vendor or lessor, the purchaser or lessee may compel him to procure such concurrence, and when a conveyance by other persons is necessary to validate the title and they are bound to convey at the request of the vendor or lessor, the purchaser or lessee may compel him to procure such  conveyance;\n(c) where the vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid  discharge, and, where necessary, also a conveyance from the mortgagee;\n(d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the  ground of his want of title or imperfect title, the defendant has a right to a return of his deposit, if any, with interest thereon, to his costs of the suit,  and to a lien for such deposit, interest and costs on the interest, if any, of  the vendor or lessor in the property which is the subject-matter of the  contract.\nContracts which cannot be  specifically enforced\n[14. Contracts not specifically enforceable.\n(a) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20;\n(b) a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise;\n(c) a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms; and\n(d) a contract which is in its nature determinable.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "14A",
            "title": "14A. Power of court to engage experts.",
            "chapter": null,
            "content": "Persons for or against whom contracts may be specifically enforced",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "15",
            "title": "15.  Who may obtain specific performance.",
            "chapter": null,
            "content": "(a) any party thereto;\n(b) the representative in interest or the principal, of any party thereto:\n(c) where the contract is a settlement on marriage, or a compromise of doubtful rights between members of  the same family, any person beneficially entitled thereunder;\n(d) where the contract has been entered into by a tenant for life in due exercise of a power, the remainderman;\n(e) a reversioner in possession,  where the agreement is a covenant entered into with his predecessor in title  and the reversioner is entitled to the benefit of such covenant;\n(f) a reversioner in remainder,  where the agreement is such a covenant, and the reversioner is entitled to the  benefit thereof and will sustain material injury by reason of its breach;\n[(fa) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation.]\n(g) when a company has entered  into a contract and subsequently becomes amalgamated with another company, the  new company which arises out of the amalgamation;\n(h) when the promoters of a company have, before its incorporation, entered into a contract for the  purposes of the company, and such contract is warranted by the terms of the  incorporation, the company:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "16",
            "title": "16.  Personal  bars to relief.",
            "chapter": null,
            "content": "[(a) who has obtained substituted performance of contract under section 20; or]\n(b) who has become incapable of  performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or\n(c) [who fails to prove] that he has performed or has always been ready and willing to perform the  essential terms of the contract which are to be performed by him, other than terms the performance of which has been prevented or waived by the defendant.\nExplanation.\n(i) where a contract involves the  payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in Court any money except when so directed by the  Court;\n(ii) the plaintiff [must prove] performance of, or readiness and willingness to perform, the contract according  to its true construction.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "17",
            "title": "17. Contract to sell or let property by one who has no title, not specifically enforceable.",
            "chapter": null,
            "content": "(a) who, knowing himself not to have any title to the property, has contracted to sell or let the property;\n(b) who, though he entered  into the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the Court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "18",
            "title": "18.  Non-enforcement except with variation.",
            "chapter": null,
            "content": "(a) where by fraud, mistake of  fact or misrepresentation, the written contract of which performance is sought is in its terms or effect different from what the parties agreed to, or does not contain all the terms agreed to between the parties on the basis of which  the defendant entered into the contract;\n(b) where the object of the  parties was to produce a certain legal result which the contract as framed is not calculated to produce;\n(c) where the parties have,  subsequently to the execution of the contract, varied its terms.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "19",
            "title": "19. Relief  against parties and persons claiming under them by subsequent title.",
            "chapter": null,
            "content": "(a) either party thereto;\n(b) any other person claiming under him by a title arising subsequently to the contract, except a transferee  for value who has paid his money in good faith and without notice of the  original contract;\n(c) any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant;\n[(ca) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation.]\n(d) when a company has entered  into a contract and subsequently becomes amalgamated with another company, the  new company which arises out of the amalgamation;\n(e) when the promoters of a company have, before its incorporation, entered into a contract for the purpose  of the company and such contract is warranted by the terms of the  incorporation, the company:\n[Substituted performance of contracts, etc.]\n[20. Substituted performance of contract.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "20A",
            "title": "20A. Special provisions for contract relating to infrastructure project.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "20B",
            "title": "20B. Special Courts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "20C",
            "title": "20C. Expeditious disposal of suits.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "21",
            "title": "21. Power to award compensation in certain cases.",
            "chapter": null,
            "content": "Explanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "22",
            "title": "22. Power to grant relief for possession, partition, refund of earnest money, etc.",
            "chapter": null,
            "content": "(a) possession, or partition and separate possession, of the property, in addition to such performance; or\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "23",
            "title": "23. Liquidation of damages not a bar to specific performance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "24",
            "title": "24. Bar of suit for compensation for breach after dismissal of suit for specific  performance.",
            "chapter": null,
            "content": "Enforcement of awards and  directions to execute settlements",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "25",
            "title": "25. Application of preceding sections to certain awards and testamentary directions to execute settlements.",
            "chapter": null,
            "content": "Chapter III\nRectification of Instruments",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "26",
            "title": "26.  W hen instrument may be rectified.",
            "chapter": null,
            "content": "(a) either party or his representative in interest may institute a suit to have the instrument rectified; or\n(b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified; or\n(c) a defendant in any such  suit as is referred to in clause (b), may, in addition to any other defence open to him, ask for rectification of the instrument.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "CHAPTER IV",
            "chapter": "CHAPTER IV",
            "content": "Rescission Of Contracts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "27",
            "title": "27. When rescission may be adjudged or refused.",
            "chapter": null,
            "content": "(a) where the contract is voidable or terminable by the plaintiff;\n(b) where the contract is unlawful for causes not apparent on its face and the defendant is more to blame  than the plaintiff.\n(a) where the plaintiff has expressly or impliedly ratified the contract; or\n(b) where, owing to the change  of circumstances which has taken place since the making of the contract (not being due to any act of the defendant himself), the parties cannot be  substantially restored to the position in which they stood when the contract was made; or\n(c) where third parties have,  during the subsistence of the contract, acquired rights in good faith without notice and for value; or\n(d) where only a part of the  contract is sought to be rescinded and such part is not severable from the rest of the contract.\nExplanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "28",
            "title": "28. Rescission in certain circumstances of contracts for the sale or lease of immovable  property, the specific performance of which has been decreed.",
            "chapter": null,
            "content": "(a) shall direct the purchaser or the lessee, if he has obtained possession of the property under the  contract, to restore such possession to the vendor or lessor, and\n(b) may direct payment to the  vendor or lessor of all the rents and profits which have accrued in respect of  the property from the date on which possession was so obtained by the purchaser or lessee until restoration of possession to the vendor or lessor, and, if the  justice of the case so requires, the refund of any sum paid by the vendee or lessee as earnest money or deposit in connection with the contract.\n(a) the execution of a proper conveyance or lease by the vendor or lessor;\n(b) the delivery of  possession, or partition and separate possession, of the property on the  execution of such conveyance or lease.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "29",
            "title": "29. Alternative  prayer for rescission in suit for specific performance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "30",
            "title": "30. Court may require parties rescinding to do equity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "CHAPTER V",
            "chapter": "CHAPTER V",
            "content": "Cancellation Of Instruments",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "31",
            "title": "31. When cancellation may be ordered.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "32",
            "title": "32. What instruments may be partially cancelled.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "33",
            "title": "33. 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.",
            "chapter": null,
            "content": "(a) that the instrument sought to be enforced against him in the suit is voidable, the Court may, if the  defendant has received any benefit under the instrument from the other party, require him to restore, so far as may be, such benefit to that party or to make  compensation for it;\n(b) that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the Indian Contract Act, 1872 (9 of  1872), the Court may, if the defendant has received any benefit under the  agreement from the other party, require him to restore, so far as may be, such  benefit to that party, to the extent to which he or his estate has benefited  thereby.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "CHAPTER VI",
            "chapter": "CHAPTER VI",
            "content": "Declaratory Decrees",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "34",
            "title": "34. Discretion of Court as to declaration of status or right.",
            "chapter": null,
            "content": "Explanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "35",
            "title": "35. Effect of declaration.",
            "chapter": null,
            "content": "PART III\nPART III\nPreventive  relief\nPreventive  relief",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "CHAPTER VII",
            "chapter": "CHAPTER VII",
            "content": "Injunctions Generally",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "36",
            "title": "36. Preventive relief how granted.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "37",
            "title": "37. Temporary and perpetual injunctions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "CHAPTER VIII",
            "chapter": "CHAPTER VIII",
            "content": "Perpetual Injunctions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "38",
            "title": "38. Perpetual injunction when granted.",
            "chapter": null,
            "content": "(a) where the defendant is trustee of the property for the plaintiff;\n(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;\n(c) where the invasion is such  that compensation in money would not afford adequate relief;\n(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "39",
            "title": "39. Mandatory injunctions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "40",
            "title": "40. Damages in lieu of, or in addition to, injunction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "41",
            "title": "41. Injunction when refused.",
            "chapter": null,
            "content": "(a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;\n(b) to restrain any person from instituting or prosecuting any proceeding in a Court not subordinate to that from which the injunction is sought;\n(c) to restrain any person from applying to any legislative body;\n(d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;\n(e) to prevent the breach of a contract the performance of which would not be specifically enforced;\n(f) to prevent, on the ground of  nuisance, an act of which it is not reasonably clear that it will be a nuisance;\n(g) to prevent a continuing  breach in which the plaintiff has acquiesced;\n(h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;\n[(ha) if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.]\n(i) when the conduct of the  plaintiff or his agents has been such as to disentitle him to the assistance of  the Court;\n(j) when the plaintiff has no personal interest in the matter.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "42",
            "title": "42. Injunction to perform negative agreement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "43",
            "title": "43. Amendment of Act 1 of 1940.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "44",
            "title": "44. Repeal.",
            "chapter": null,
            "content": "[The Schedule]\n[See sections 20A and 41 (ha)]\nCategory of projects and Infrastructure Sub-Sectors\nCategory of projects and Infrastructure Sub-Sectors\nSl.\nSl.\nNo.\nNo.\nCategory Infrastructure Sub-Sectors\nCategory Infrastructure Sub-Sectors\n1\n1\n2\n2\n3\n3\n1.\nTransport\n(a) Road and bridges\n(b) Ports (including Capital Dredging)\n(c) Shipyards (including a floating or\n land-based facility with the essential features of waterfront,\n turning basin, berthing and docking facility, slipways or ship\n lifts, and which is self-sufficient for carrying on\n shipbuilding/repair/breaking activities)\n(d) Inland Waterways\n(e) Airports\n(f) Railway Track, tunnels, viaducts, bridges,\n terminal infrastructure including stations and adjoining\n commercial infrastructure\n(g) Urban Public Transport (except rolling\n stock in case of urban road transport)\n2.\nEnergy\n(a) Electricity Generation\n(b) Electricity Transmission\n(c) Electricity Distribution\n(d) Oil pipelines\n(e) Oil/Gas/Liquefied Natural Gas (LNG) storage\n facility (including strategic storage of crude oil)\n(f) Gas pipelines (including city gas\n distribution network)\n3.\nWater and Sanitation\n(a) Solid Waste Management\n(b) Water supply pipelines\n(c) Water treatment plants\n(d) Sewage collection, treatment and disposal\n system\n(e) Irrigation (dams, channels, embankments,\n etc.)\n(f) Storm Water Drainage System\n(g) Slurry pipelines\n4.\nCommunication\n(a) Telecommunication (Fixed network including\n optic fibre/wire/cable networks which provide broadband/\n internet)\n(b) Telecommunication towers\n(c) Telecommunications and Telecom Services\n5.\nSocial and Commercial Infrastructure\n(a) Education Institutions (capital stock)\n(b) Sports infrastructure (including provision\n of Sports Stadia and Infrastructure for Academies for\n Training/Research in Sports and Sports-relating activities)\n(c) Hospitals (capital stock including Medical\n Colleges, Para Medical Training Institutes and Diagnostic\n Centres)\n(d) Tourism infrastructure viz. (i) three-star\n or higher category classified hotels located outside cities with\n population of more than one million; (ii) ropeways and cable\n cars\n(e) Common infrastructure for industrial parks\n and other parks with industrial activity such as food parks,\n textile parks, Special Economic Zones, tourism facilities and\n agriculture markets\n(f) Post-harvest storage infrastructure for\n agriculture and horticulture produce including cold storage\n(g) Terminal markets\n(h) Soil-testing laboratories\n(i) Cold chain (including cold room facility\n for farm level pre-cooling, for preservation or storage of\n agriculture and allied produce, marine products and meat)\n(j) Affordable Housing (including a housing\n project using at least 50% of the Floor Area Ratio (FAR)/ Floor\n Space Index (FSI) for dwelling units with carpet area of not\n more than 60 square meters\nExplanation. - For the purposes of this\n sub-clause, the term “carpet area” shall have the\n same meaning as assigned to it in clause (k) of section 2 of the\n Real Estate (Regulation and Development) Act, 2016 (16 of 2016).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 30th December, 2019 [act084]",
        "Act Number": "(47 of 1963)",
        "Enactment Date": "13th December, 1963",
        "Act Year": "1963",
        "Short Title": "The Specific Relief Act, 1963",
        "Type": "CENTRAL",
        "Location": "India (Central)"
    },
    "updated_at": "2026-09-29 21:51:58"
}

The Specific Relief Act, 1963

Sections

1. Short title, extent and commencement.

2. Definitions.

3. Savings.

4. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws.

CHAPTER I

5. Recovery of specific immovable property.

6. Suit by person dispossessed of immovable property.

7. Recovery of specific movable property.

8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.

CHAPTER II

9. Defence respecting suits for relief based on contract.

11. Cases in which specific performance of contracts connected with trusts enforceable.

12. Specific performance of part of contract.

13. Rights of purchaser or lessee against person with no title or imperfect title.

14A. Power of court to engage experts.

15. Who may obtain specific performance.

16. Personal bars to relief.

17. Contract to sell or let property by one who has no title, not specifically enforceable.

18. Non-enforcement except with variation.

19. Relief against parties and persons claiming under them by subsequent title.

20A. Special provisions for contract relating to infrastructure project.

20B. Special Courts.

20C. Expeditious disposal of suits.

21. Power to award compensation in certain cases.

22. Power to grant relief for possession, partition, refund of earnest money, etc.

23. Liquidation of damages not a bar to specific performance.

24. Bar of suit for compensation for breach after dismissal of suit for specific performance.

25. Application of preceding sections to certain awards and testamentary directions to execute settlements.

26. W hen instrument may be rectified.

CHAPTER IV

27. When rescission may be adjudged or refused.

28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed.

29. Alternative prayer for rescission in suit for specific performance.

30. Court may require parties rescinding to do equity.

CHAPTER V

31. When cancellation may be ordered.

32. What instruments may be partially cancelled.

33. 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.

CHAPTER VI

34. Discretion of Court as to declaration of status or right.

35. Effect of declaration.

CHAPTER VII

36. Preventive relief how granted.

37. Temporary and perpetual injunctions.

CHAPTER VIII

38. Perpetual injunction when granted.

39. Mandatory injunctions.

40. Damages in lieu of, or in addition to, injunction.

41. Injunction when refused.

42. Injunction to perform negative agreement.

43. Amendment of Act 1 of 1940.

44. Repeal.