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The Specific Relief Act

The Specific Relief Act

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Published by Satyam mishra

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Published by: Satyam mishra on Aug 28, 2009
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 THE SPECIFIC RELIEF ACT, 1963ACT NO. 47 OF 1963An Act to define and amend the law relating to certain kinds ofspecific relief.[13th December, 1963.]BE it enacted by Parliament in the Fourteenth Year of theRepublic of India as follows:-PARTPRELIMINARYPART IPRELIMINARY1.Short title, extent and commencement.1. Short title, extent and commencement.- (1) This Act may becalled the Specific Relief Act, 1963.(2) It extends to the whole of India except the State of Jammuand Kashmir.(3) It shall come into force on such date 1* as the CentralGovernment may, by notification in the Official Gazette, appoint.2.Definitions.2. Definitions.- In this Act, unless the context otherwiserequires,-(a) "obligation" includes every duty enforceable by law;(b) "settlement" means an instrument (other than a will orcodicil as defined by the Indian Succession Act, 1925(39 of 1925)) whereby the destination or devolution ofsuccessive interests in movable or immovable propertyis disposed of or is agreed to be disposed of;
(c) "trust" has the same meaning as in section 3 of theIndian Trusts Act, 1882 (2 of 1882), and includes anobligation in the nature of a trust within the meaningof Chapter IX of that Act;(d) "trustee" includes every person holding property intrust;(e) all other words and expressions used herein but notdefined, and defined in the Indian Contract Act, 1872(9 of 1872), have the meanings respectively assigned tothem in that Act.3.Savings.3. Savings.- Except as otherwise provided herein, nothing in thisAct shall be deemed-(a) to deprive any person of any right to relief, other thanspecific performance, which he may have under anycontract; or---------------------------------------------------------------------1 1st March, 1964; vide Notification No. S.O. 189, dated 13-1-1964,Gazette of India, Pt. II, Sec. 3 (ii), p. 214.The Act shall come into force in the State of Sikkim on 1.9.1984vide Notifn. No. S.O.648 (E), dt. 24.8.84, Gaz. of India, Exty.Pt. II, Sec. 3 (ii).616(b) to affect the operation of the Indian Registration Act,1908 (16 of 1908), on documents.4.Specific relief to be granted only for enforcing individualcivilrightsand not for enforcing penal laws.4. Specific relief to be granted only for enforcing individualcivil rights and not for enforcing penal laws.-Specific relief can begranted only for the purpose of enforcing individual civil rights andnot for the mere purpose of enforcing a penal law.PARTSPECIFIC RELIEF
 PART IISPECIFIC RELIEFCHAPRECOVERING POSSESSION OF PROPERTYCHAPTER IRECOVERING POSSESSION OF PROPERTY5.Recovery of specific immovable property.5. Recovery of specific immovable property.-A person entitled tothe possession of specific immovable property may recover it in themanner provided by the Code of Civil Procedure, 1908 (5 of 1908).6.Suit by person dispossessed of immovable property.6. Suit by person dispossessed of immovable property.-(1) If anyperson is dispossessed without his consent of immovable propertyotherwise than in due course of law, he or any person claiming throughhim may, by suit, recover possession thereof, notwithstanding anyother title that may be set up in such suit.(2) No suit under this section shall be brought-(a) after the expiry of six months from the date ofdispossession; or(b) against the Government.(3) No appeal shall lie from any order or decree passed in anysuit instituted under this section, nor shall any review of any suchorder or decree be allowed.(4) Nothing in this section shall bar any person from suing toestablish his title to such property and to recover possessionthereof.7.Recovery of specific movable property.

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