This digest contains all the rulings of the Supreme Court on the Specific Relief Acts, 1877 and 1963 from 1950 till the present, along with the relevant statutory text of the Specific Relief Act, 1963. The SCC Editors have carefully studied each judgment of the Supreme Court since 1950 for the rulings that may be related to Specific Relief Acts, 1877/1963 and have given an exhaustive coverage of the Act in the Digest. The bare text of the Specific Relief Act, 1963 is available at two places:

• The whole Act can be studied in full at pp. I-53
• The bare text of each section has been given just before the case notes on each section of the Specific Relief Act, 1963.

Furthermore, there are a large number of judgments in which the provisions of the Specific Relief Act are not expressly mentioned by the Supreme Court, but they are inferentially involved. The SCC Editors over the years have carefully studied each judgment of the Supreme Court since 1950 and have sifted and extracted every possible ruling of law that may be relevant to the Specific Relief Acts, 1877/1963, thus making this compendium the most comprehensive source of rulings of law on the Specific Relief Act by the highest court of the land, which rulings are binding in the whole country under Art. 141 of the Constitution.

Volume 1

Brief Contents

Detailed Contents of Case Law

Table of Cases Digested

Bare Acts- Specific Relief Act, 1963

Digest of Case law

Detailed Contents

Specific Relief Act, 1877

Section 3

Section 8

Section 9

Section 12

Section 13

Section 15

Section 18(a)

Section 21(b)

Section 22

Section 27

Section 27(b)

Section 27-A

Section 31

Section 35(c)

Section 37

Section 42

Section 43

Section 45

Section 48

Section 54

Specific Relief Act, 1963

Section 2 — Definitions

Section 3 — Savings

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

Section 5 — Recovery of specific immovable property

Section 6 — Suit by person dispossessed of immovable property

Section 7 — Recovery of specific moveable property

Section 8 — Liability of person in possession, not as owner, to deliver to person entitled to immediate possession

Section 9 — Defences respecting suits for relief based on contract

Section 10 — Cases in which specific performance of contract enforceable

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

Section 12 — Specific performance of part of contract

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

Section 14 — Contracts not specifically enforceable

Section 15 — Who may obtain specific performance

Section 16 — Personal bars to relief

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

Section 18 — Non-enforcement except with variation

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

Section 20 — Discretion as to decreeing specific performance

Section 21 — Power to award compensation in certain cases

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

Section 23 — Liquidation of damages not a bar to specific performance

Section 26 — When instrument may be rectified

Section 27 — When rescission may be adjudged or refused

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

Section 29 — Alternative prayer for rescission in suit for specific performance

Section 31 — When cancellation may be ordered

Section 34 — Discretion of court as to declaration of status or right

Section 35 — Effect of declaration

Section 36 — Preventive relief how granted

Section 37 — Temporary and perpetual injunctions

Section 38 — Perpetual injunctions when granted

Section 39 — Mandatory injunctions

Section 40 — Damages in lieu of, or in addition to, injunction

Section 41 — Injunction when refused

Section 42 — Injunction to perform negative agreement

Volume 2

Section 5 

Section 6 

Section 9 

Section 10 

Section 12 

Section 13 

Section 14 

Section 15 

Section 16 

Section 17 

Section 19 

Section 20 

Section 21 

Section 22 

Section 27 

Section 28 

Section 34 

Section 35 

Section 37 

Section 38 

Section 39 

Section 41