RECTIFICATIO

N
OF
KHUSHI
 SPECIFIC RELIEF ACT, 1963
Specific relief act is complementary to the provisions of
Indian Contract Act , 1872 .The act applies in cases where
Court can order specific performance of a contract or act.

‘Specific performance’ means court will ask the party to perform his
part of agreement, instead of asking him to pay damages to other
party.
As per Section 4, specific relief can be granted only fot the purpose of
enforcing individual civil rights and not for the mere purpose of
enforcing a civil law.
Illustration – Specific Relief Act

A  B
Unlawfully Property
dispossess

General Relief -- Compensation equivalent to the

loss suffered

Specific Relief -- Possession of B’s property

again by B
The Specific Relief Act deals only with
certain kinds of reliefs, and they are :-

• Recovery of possession of property

• Specific performance of contracts
• Rectification of instruments
• Cancellation of instruments
• Injunctions
RECTIFICATION OF INSTRUMENT
Section 26 of the Specific Relief Act , 1963
provides remedy for rectification of instruments.
The term “Instrument” has been defined in
Section 2 , clause(14) of the Indian Stamp Act (II of
1899), accordingly
“Instrument” includes every document by which
any right or liability is or purports to be created,
transferred, limited, extended, extinguished
or recorded
Rectification means correction of an error in an
instrument in order to give
effect to the real intention of the parties.
When instrument can be rectified?
A Contract or other instrument can be rectified when

1) It does not express the real intention of the parties

2) Through fraud or mutual mistake of the parties

3) A Contract in writing may first be rectified, and then

if the party claiming rectification has so prayed in his
pleading and if the court thinks fit, may be specifically
enforced.
The conditions necessary for
obtaining rectification are:-
1. There must have been a complete agreement reached prior to
the written instrument which is sought to be rectified.

2. Both the parties must have intended and still intending, that the
exact terms of the prior contract should be reduced to writing.

3. Clear evidence of mistake common to both parties or of fraud.

ILLUSTRATION:-
B
A B Thru’ fraud
Sell
House + 1 of the Includes all
3 Godowns 3 Godowns
 ld B
So

C D(Rent)
Conveyance may , as against B and C be
rectified and exclude the
godown given to C.
But it cannot be rectified against D,
otherwise it will affect D’s Lease .
THANK
YOU