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Specific Relief Act,1963

Recovery of Specific Movable Property (Section 7)

Specific Movable Specific Movable Code of Civil

Property Property Procedure,1908

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DEFENSES RESPECTING TO SUIT OR RELIEF BASED ON CONTRACT-SECTION 9

Relief is claimed in
respect of contract

Person against whom Plead by way of defense available

relief is claimed under the law of contracts

Contract in question
should be valid and
enforceable

SPECIFIC PERFORMANCE IN RESPECT OF CONTRACT-SECTION 10

Specific Performance

Shall be enforced by court

Except

Section 11(2) Section 14 Section 16

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SPECIFIC PERFORMANCE OF CONTRACT CONNECTED WITH TRUST-SECTION 11

Specific Performance Specific Performance

can be enforced cannot be enforced

Act agreed to be done in

whole or part of trust Trustee made contract in Trustee made contract in
excess of powers breach of trust

CONTRACT NOT SPECIFICALLY ENFORCEABLE-SECTION 14

Following contracts cannot be specifically enforceable by

Substituted Continuous duty Dependant on Contract which is

Performance with court cannot personal its nature
Section 20 supervise qualification determinable

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PERSONAL BARS TO RELIEF-SECTION 16

Specific Performance cannot be enforced

Substituted Person become Violates any He has acted in He has willful

Performance incapable of essential term of fraud of the acted in
Section 20 performing contract contract variance

SPECIFIC PERFORMANCE OF PART OF CONTRACT-SECTION 12

Court cannot direct the specific performance of part of contract

Exception

Court can direct specific performance of part of contract

Section 12(2) Section 12(3) Section 12(4)

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SPECIFIC PERFORMANCE OF PART OF CONTRACT-SECTION 12(2)

Unable to perform Unperformed part is Party is ready for

the whole of his part only small portion of compensation for
remaining part unperformed part

SPECIFIC PERFORMANCE OF PART OF CONTRACT-SECTION 12(3)

Unable to perform Unperformed part is Specific Performance

the whole of his part considerable part of the whole

Paid the agreed

Admit compensation consideration
Does not admit
of Money compensation of Money
Relinquish all the claims
and right to
compensation

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SPECIFIC PERFORMANCE OF PART OF CONTRACT-SECTION 12(4)

Part of contract stands separate and

Court may direct specific
independent from another part of contract
performance of the part of contract

CONTRACT TO SELL OR LET PROPERTY BY ONE WHO HAS NO TITLE12(4)

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CONTRACT TO SELL OR LET PROPERTY BY ONE WHO HAS NO TITLE,NOT SPECIFICALLY ENFORCEABLE-SECTION 17

Sell Lease

Immovable Property

No specific performance in favor of vendor or lessor

Who knowning himself not He entered into contract believing

have title to property that he had a good title

He cannot give purchaser or lessee

a title free from reasonable doubt

NON ENFORCEMENT EXCEPT WITH VARIATIONS-SECTION 18

Plaintiff seeks Defendants sets Plaintiff cannot obtain

specific up variation the performance,except
performance with variation

Following cases

Does not contain all Where parties

the terms on which subsequently to
defendant agreed execution,varied the terms

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POWER TO CLAIM COMPENSATION IN CERTAIN CASESS-SECTION 21

Plaintiff may claim compensation for its breach in addition to such performance

Specific Performance Specific

may not ought to be performance
granted ought to be
granted
Court may award
him compensation
accordingly
Specific Shall award Guided by Plaintiff has
Performance compensation Principles of claimed
is not accordingly Section 73 of compensation
sufficient Indian Contract in such plaint
Act,1872

POWER TO GRANT RELIEF FOR POSSESSION,PARTITION,REFUND OF EARNEST MONEY-SECTION 22

Person suing for specific performance may ask for

In addition of Specific performance

Specific performance ought not to be granted

Possession,partition or Any other relief like

separate possession of refund of earnest money
the property or deposit

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Amount is
specified to be
paid in breach
LIQUIDATION OF
DAMAGES NOT
TO BAR TO Court may still Court may not order
SPECIFIC Party is wiling to order specific payment of the sum
PERFORMANCE- pay the same performance named in contract
SECTION 23

Court is satified
that the sum is only
for

securing the It is not in lie of

performance of specific
contract performance

BAR ON SUIT FOR COMPENSATION FOR BREACH AFTER DISMISSAL OF SUIT FOR SPECIFIC PERFROAMANCE- SECTION 24

Dismissal of a suit for specific performance of contract

Compensation Other Relief

Bar his right to sue for Not bar his right to sue
compensation for for other relief
breach of such contract

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ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS-SECTION 25

Section 19- Section 24

Awards Will or Codicil or

settlement

Other than the Awards under

Arbitration and Conciliation
Act

Agreement is in
writing

RECTIFICATION OF Mutual mistake Except

INSTRUMENT- of both the Rectification of
SECTION 26 parties Articles of Mistake
Companies

Fraud of any of Either Legal Plaintiff

Defendant
parties Party Representative

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RECOVERY OF SPECIFIC MOVABLE PROPERTY-SECTION 7

Specific Code of Civil He is entitled to

Movable Procedure,1908 possession of property
Property

Ownership Special or
temporary rights

Acts of No Acts of
parties parties

Bailment,Pledge Finder of Goods

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

Person having He is not the Compelled to deliver it to the

possession or owner of the person who is entitled to
control property immediate delivery

Held as agent Compensation in Extremely difficult It was wrongfully

or trustee of money would not to ascertain actual transferred from
the plaintiff be adequate relief damage caused by plaintiff
its loss

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Declaratory Decree-Section 34

Decree

Legal character of a Right as to any

person property

Judicially Ascertained

Effect of Declaration-Section 35

Declaration

Binding

Parties to the Person Claiming Person who

suit through the are trustees
declaration

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When Rescission may be Adjudged or Refused-Section 27

Rescission is to be Rescission is to be
adjudged refused

Section 27(1) Section 27(2)

When Rescission may be Adjudged or Refused-Section 27

Rescission is to be adjudged

Contract is Terminable by Contract is unlawful

Voidable plaintiff for the cause not
apparent

Defendant is more to
blame then plaintiff

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When Rescission may be Adjudged or Refused-Section 27

Rescission is to be refused

Plaintiff Expressly or Change in Third parties acquired Only the part is to be

implied ratified the circumstances taken rights in good faith rescinded and it is not
contract place since making of without notice and for severable
contract(not because of value
defendant)

Recission in certain circumstances of contracts for sale or lease of immovable property, specific performance of which has been
decreed

Decree of specific Purchaser or lessee Court by order

performance of contract does not pay within the rescind the
of sale or lease of period allowed by court contract
immovable property

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Recission in certain circumstances of contracts for sale or lease of immovable property, specific performance of which has been
decreed

Court by order rescind the contract [Section 28(2)]

Restore the Direct payment to vendor

possession to or lessor all the rents or
vendor or lessor profits accrued in respect
of property

Recission in certain circumstances of contracts for sale or lease of immovable property, specific performance of which has been
decreed

Purchaser or Lessee pays the purchase money or other sum [Section 28(3)]

Court

Award the purchaser or lessee

Execution of proper Delivery of possession or

conveyance or lease partition of property

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Plaintiff files a suit for

specific performance in
writing

Alternative
prayer for
Plaintiff may in Court if refuses to Court may direct it to
rescission in
alternative pray enforce the contract be rescinded and
suit for specific
specifically enforced cancelled
performance-
Section 29
If contract cannot be
specifically enforced, it
may be rescinded

Court may require parties rescinded to do Equity-Section 30

Adjudication

Rescission of Contract

Court may require the parties

Restore the benefit Make compensation to

which he may have him which justice may
received from the other require
party

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CHARACTERISTICS OF INJUNCTION

Judicial Process Object is to restrain Act restrained or

or prevent prevented is
wrongful act

PREVENTIVE RELIEF-SECTION 36

Preventive Relief

At the discretion of court

Temporary Perpetual
Injunction Injunction

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TEMPORARY AND PREVENTIVE RELIEF-SECTION 37

Temporary Perpetual
Injunction Injunction

It is decree made by
hearing and upon the
Continue Granted at any
merits of the suit
stage of suit

Until specific Until further order

time of the court

PERPETUAL INJUNCTION MAY BE GRANTED-SECTION 38

Defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property

The court may grant a perpetual injunction

Defendant is the trustee No standard for Compensation of Injunction is

of the property ascertaining the money would not necessary to prevent
actual damage afford adequate the multiplicity of
relief judicial proceedings

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MANDATORY INJUNCTION-SECTION 39

Court may at his discretion

Grant injunction Compel to perform the

to prevent the pre-requisities act
breach

SUBSTITUTED PERFORMANCE-SECTION 20(1)

Contract is broken Recover the

Party who suffers Substituted
due to non- expenses and
breach performance
performance other actual cost

Third Party Own Agency

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SUBSTITUTED PERFORMANCE-SECTION 20(2)+ 20(3)

Notice in writing for not less than 30 days Party who has
Party who suffers
breach the
breach
contract
Got the
contract
Section 20(3)

performed
through
third party
or by his
own
agency Calling upon him
to perform the
Now he shall contract
not be entitled
to claim specific
relief

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