Q 1. What is specific relief?

What do you understand by equitable

remedies and how they are granted?
1) Introduction
 Specific relief is a form of judicial compensation. Compensation must be provided to
every person who has been injured in the social process. Basically, the objective of the
Specific relief is to assure that if there is a wrong there must be a remedy.
 In this kind of relief it is compliance of a contract and compels the both parties to do or
not to do certain acts which have been mentioned in the contract. And violation of
these acts makes the other party able to receive compensation from the other party.

2) Relevant provision
 Sec 5 to 35 are for Specific relief

3) Definition of relief
 Specific relief is a remedy by which each party of the contract is compelled to do or not
to do very acts as defined under the contract.

4) Meaning of Relief
 The word relief means removal of anxiety or pain.

5) Objective of specific relief

Following are the objectives of specific relief.

 Possession must be lawful as who comes for justice must come with clean hands
because it invites claim against unlawful ejection.
 No unlawful means to be used for ejectment of possessor even possession is taken
unlawfully. Only courts are competent authority to grant specific relief to the affected
party.
 Person who comes for specific relief must do equity and cease from the use of unlawful
force.
 Specific relief aims that law should not be taken into hands of an individual and just
State should remain sole authority in granting the relief to the aggrieved party.

 Explanation
 Any person whose rights have been violated can go to the court of law for a relief
in order to seek a remedy. In this case the court of law will compel the defendant
to give compensation to the person against those items which have been
wrongfully obtained by him
  Case law PLD 1971 Lah.199
 The jurisdiction vested in the court for the grant of decree for specific
performance is discretionary and the court is not bound to grant such relief even
it is lawful to do.

 Example
 If a person agrees to sell a house to another person and the person pays some
amount to the owner under the agreement made up but the owner of the house
does not sale the house latter. In this case aggrieved person can sue for the
damages and return of the amount paid or he also can ask the court to compel
the owner to sale his house now. In this situation owner will have to sale the
house as he agreed for giving specific relief to aggrieved person.

6) Features of specific relief

Following are the features of specific relief.

 Specific relief is granted under the principles of equity.

 Its basic purpose is to give a very thing to a person who is entitled for it.
 The defaulting party is compelled to do or not to do the very act which has been
decided to do or not to do.
 Specific relief is an adjective law.

7) Modes of specific performance or Kinds of equitable

remedies
Following are the equitable remedies

1. Specific performance
 Under the law according to this remedy, the court of law gives an order to directing a
party to do an act which was decided between the parties and under an obligation to
do.

2. Injunctions
 An injunction is the second type of equitable remedy available in contract. The court of
law gives order to directing a party to stop doing that act which he should not to do.

3. Recession (Collapse)
 Rescission happens when a previously existing contract was withdrawn because it was
breached. The contract can be re-written in a different way so that both parties are
satisfied with the terms.
 4. Rectification (Amend)
 Under the law according to this remedy, the court of law issues an order on the request
of any party for rectification of the contract when a contract is written with fraud or a
mutual mistake of the parties which does not truly express their intention.

5. Cancellation
Under the law according to this remedy, a person can cancel the contract by asking to
the court of law if contract is void or voidable and apprehension of this contract is
causing serious injury to him.

6. Delivery of possession
 Under the law according to this remedy, in this situation the certain property is taken in
possession by the claimant.

7. Declaration of rights
 Under the law according to this remedy, in order to declaration of rights, compensation
is awarded to the aggrieved party against the breach of contract.

8. Appointments of receiver
 It is also a kind of equitable remedy, over a dispute between the two parties the court
appoints a receiver who looks after the affairs the dispute until the case is decided by
the court.

8) Basis of specific relief

Basis of specific relief are as under:

1. He who comes to equity must come with clean hands

2. He who seeks equity must do equity
3. Delay defeats equity.

9) Conclusion
 To conclude I can say that specific relief is a relief in its nature. It objective is exact
fulfillment of an obligation and the thing obtained by unlawful means will have to return
to claimant. A lot remedies for specific relief have been presented by the law in order to
maintain justice and to run a proper business of the parties