Law of Contract - I

The Specific Relief Act, 1963

(Meaning, Historical Background,
Remedies), Recovering Possession
of Property (Section 5-8)

PREPARED BY :-
Ms. LOVEPREET KAUR
Assistant Professor Of Law
RGNUL, Punjab
 The Specific Relief Act, 1963 -
Historical Background
1. The Common Law Doctrine of Equity
2. Developed in England by Equity Courts
3. Sometimes, the damages would prove to be insufficient
4. In order to obviate such hardships, the Equity Court developed certain
reliefs called ‘Specific Relief’
5. Originally drafted upon the lines of the draft New York Civil Code, 1862
6. Passed in 1877
7. Amended by Acts of 1882, 1891, 1899, 1929, 1940, 1951, and was
repealed in 1963
8. Embodies the doctrines evolved by the English Equity Courts
9. Principles of Equity, Justice & Good Conscience
10. Required to be pleaded specifically to be enforced
11. In the event of situation not covered under the 1963 Act, the Indian
Courts can exercise their inherent powers in term of Sec. 151 of C.P.C.
 Meaning of Specific Performance

Meaning of specific performance :-

Laws fall into three categories :-

1. Those which define Rights.
2. Those which define Remedies.
3. Those which define Procedure.
Remedies available under The Specific Relief
Act, 1963
Remedies available under The Specific Relief
Act, 1963
Preliminary (Section 1-4)
Reliefs regarding Possession of Movable and
immovable Property (Section 5-8)
 Reliefs regarding Possession of Movable and
Immovable Property (Section 5-8)
The Section-5 in simple words provides that any person who is a lawful
owner of immovable property can get the possession of such
property by due course of law. It means that when a person is
entitled to the possession of specific immovable property he can
recover the same by filing the suit as per provisions of CPC.

Section 5 of the Act declares that in a suit for recovery of immovable

property by person entitled to provisions Order XXI, Rule 35 and 36 of
CPC would apply.

This section deals with action for recovery of possession of specific

immovable property based on title. The essence of the section is that
whoever proves a 'better title' is a person 'entitled to possession'. The
title may be on the basis of ownership or possession
 Reliefs regarding Possession of Movable and
Immovable Property (Section 5-8)
The objects of Section 6 are :-
(i) To discourage people from taking the law into their own hands, however
good their title may be.
(ii) To provide a summary, cheap and useful remedy to a person dispossessed
of immovable property otherwise than in due course of law.

Section 6 is applicable only if the plaintiff proves :-

(1) that he was in juridical possession of the immovable property in dispute; 9

(2) that he had been dispossessed without his consent and otherwise than in
due course of law, and
(3) that the dispossession took place within six months from the date of the suit.

The main object of Section 6 is to discourage forcible dispossession on the

principle that disputed rights are to be decided by due process of law and no
one should be allowed to take law into his own hands, however good his title
may be.
Difference Between Section 5 and 6
 Reliefs regarding Possession of Movable and
Immovable Property (Section 5-8)
Section 7 provides for the recovery of movable property in
specie i.e. the things itself. The things to be recovered must
be specific in the sense they are ascertained and capable
of identification. The nature of things must continue without
alteration.

Section 8 of the Specific Relief Act entitles a person to

recover the specific movable property itself from the
defendant who is not the owner thereof in cases where the
property has a peculiar value or association and cannot be
adequately compensated in terms of money.
 Reliefs regarding Possession of Movable and
Immovable Property (Section 5-8)
• Requisites of Section 8 :-
1) The defendant has possession or control of the particular article claimed
2) Such article is movable property
3) The defendant is not the owner of the article
4) The plaintiff is entitled to immediate possession; and
5) Anyone of the condition laid down under clauses (a) to (d) of Section 8
must exist.
Provisions of Section 8 are applicable in the following situations only :-
1. When such property is held as agent or trustee of the property.
2. When compensation is not an adequate relief for the loss to the plaintiff.
3. When ascertainment of actual damage is not possible.
4. When possession of the property is wrongfully transferred from the plaintiff.