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Specific Relief Act 1963 Section 6
Title: Suit by Person Dispossessed of Immovable Property
State: Central
Year: 1963
(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit. (2) No suit under this section shall be brought-- (a) after the expiry of six month from the date of dispossession; or (b) against the Government. (3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed. (4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Chapter VI
Title: Declaratory Decrees
State: Central
Year: 1963
Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and thecourt may in its discretion make therein a declaration that he is so entitled, and the plaintiff neednot in such suit ask for any further relief: Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. Explanation.--A trustee of property is a "person interested to deny" a title adverse to the title of some one who is not inexistence, and for whom, if in existence, he would be a trustee. Section 35 - Effect of declaration A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees. SPECIFIC RELIEF ACT 1963Part III - PREVENTIVE RELIEF
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 20
Title: Discretion as to Decreeing Specific Performance
State: Central
Year: 1963
.....under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance. Explanation 1.--Mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature, shall not be deemed to constitute an unfair advantage within the meaning of clause (a) or hardship within the meaning of clause (b). Explanation 2.--The question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the contract, be determined with reference to the circumstances existing at the time of the contract. (3) The court may properly exercise discretion to decree specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance. (4) The court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the other party.
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 29
Title: Alternative Prayer for Rescission in Suit for Specific Performance
State: Central
Year: 1963
A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 11
Title: Cases in Which Specific Performance of Contracts Connected with Trusts Enforceable
State: Central
Year: 1963
(1) Except as otherwise provided in this Act, specific performance of a contract may, in the discretion of the court, be enforced when the act agreed to be done is in the performance wholly or partly of a trust. (2) A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 15
Title: Who May Obtain Specific Performance
State: Central
Year: 1963
.....of any party thereto: Provided that where the learning, skill, solvency or any personal quality of such party is a material ingredient in the contract, or where the contract provides that his interest shall not be assigned, his representative in interest or his principal shall not be entitled to specific performance of the contract, unless such party has already performed his part of the contract, or the performance thereof by his representative in interest, or his principal, has been accepted by the other party; (c) where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder; (d) where the contract has been entered into by a tenant for life in due exercise of a power, the remainderman; (e) a reversioner in possession, where the agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant; (f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit thereof and will sustain material injury by reason of its breach; (g) when a company has.....
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 24
Title: Bar of Suit for Compensation for Breach After Dismissal of Suit for Specific Performance
State: Central
Year: 1963
The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff's right to sue for compensation for the breach of such contract or part, as the case may be, but shall not bar his right to sue for any other relief to which he may be entitled, by reason of such breach.
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 4
Title: Specific Relief to Be Granted Only for Enforcing Individual Civil Rights and Not for Enforcing Penal Laws
State: Central
Year: 1963
Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 5
Title: Recovery of Specific Immovable Property
State: Central
Year: 1963
A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure,1908.
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 10
Title: Cases in Which Specific Performance of Contract Enforceable
State: Central
Year: 1963
Except as otherwise provided in this Chapter, the specific performance of any contract may, in the discretion of the court, be enforced-- (a) when there exists no standard for ascertaining actual damage caused by the non-performance of the act agreed to be done; or (b) when the act agreed to be done in such that compensation in money for its non-performance would not afford adequate relief. Explanation.--Unless and until the contrary is proved, the court shall presume (i) that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and (ii) that the breach of a contract to transfer movable property can be so relieved except in the following cases:-- (a) where the property is not an ordinary article of commerce, or is of special value or interest to the plaintiff, or consists of goods which are not easily obtainable in the market; (b) where the property is held by the defendant as the agent or trustee of the plaintiff.
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