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Specific Relief Act 1963 Part II

Title: Specific Relief

State: Central

Year: 1963

.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. Section 14 - Contracts not specifically enforceable (1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....

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Specific Relief Act 1963 Chapter II

Title: Specific Performance of Contracts

State: Central

Year: 1963

.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. Section 14 - Contracts not specifically enforceable (1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....

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Specific Relief Act 1963 Complete Act

Title: Specific Relief Act 1963

State: Central

Year: 1963

.....not as owner, to deliver to persons entitled to immediate possession Chapter II Section9 - Defences respecting suits for relief based on contract Section10 - Cases in which specific performance of contract enforceable Section11 - Cases in which specific performance of contracts connected with trusts enforceable Section12 - Specific performance of part of contract Section13 - Rights of purchaser or lessee against person with no title or imperfect title Section14 - Contracts not specifically enforceable Section15 - Who may obtain specific performance Section16 - Personal bars to relief Section17 - Contract to sell or let property by one who has no title, not specifically enforceable Section18 - Non-enforcement except with variation Section19 - Relief against parties and persons claiming under them by subsequent title Section20 - Discretion as to decreeing specific performance Section21 - Power to award compensation in certain cases Section22 - Power to grant relief for possession, partition, refund of earnest money, etc Section23 - Liquidation of damages not a bar to specific performance Section24 - Bar of suit for compensation for breach after dismissal of.....

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Specific Relief Act 1963 Section 12

Title: Specific Performance of Part of Contract

State: Central

Year: 1963

.....of the remaining part of the contract and all right to compensation, either for the deficiency or for the loss or damage sustained by him through the default of the defendant. (4) When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the court may direct specific performance of the former part. Explanation.--For the purposes of this section, a party to a contract shall be deemed to be unable to perform the whole of his part of it if a portion of its subject matter existing at the date of the contract has ceased to exist at the time of its performance. ___________________________ 1. Inserted by Act 52 of 1964, Schedule II.

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Specific 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.

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Specific Relief Act 1963 Section 14

Title: Contracts Not Specifically Enforceable

State: Central

Year: 1963

.....the performance of which involves the performance of a continuous duty which the court cannot supervise. (2) Save as provided by the Arbitration Act, 1940, no contract to refer present of future differences to arbitration shall be specifically enforced; but if any person who has made such a contract (other than arbitration agreement to which the provisions of the said Act apply) and has refused to perform it, sues in respect of any subject which he has contracted to refer, the existence of such contract shall bar the suit. (3) Notwithstanding anything contained in clause (a) or clause (c) or clause (d) of sub-section (1), the court may enforce specific performance in the following cases:-- (a) where the suit is for the enforcement of a contract,-- (i) to execute a mortgage or furnish any other security for securing the repayment of any loan which the borrower is not willing to repay at once: Provided that where only a part of the loan has been advanced the vender is willing to advance the remaining part of the loan in terms of the contract; or (ii) to take up and pay for any debentures of a company; (b) where the suit is for,-- (i) the execution of a formal deed.....

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Specific Relief Act 1963 Section 23

Title: Liquidation of Damages Not a Bar to Specific Performance

State: Central

Year: 1963

(1) A contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in itas the amount to be paid in case of its breach and the party in default is willing to pay the same, if the court, having regard to the terms of the contract and other attending circumstances,, is satisfied that the sum was named only for the purpose of securing performance of the contract and not for the purpose of giving to the party in default an option of paying money in lieu of specific performance. (2) When enforcing specific performance under this section, the court shall not also decree payment of the sum so named in the contract.

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Specific 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.

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Specific Relief Act 1963 Preamble 1

Title: Specific Relief Act, 1963

State: Central

Year: 1963

THE SPECIFIC RELIEF ACT, 1963 [Act, No. 47 of 1963] [13th December, 1963] PREAMBLE An act to define and amend the law relating to certain kinds of specific relief. BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follow:--

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Specific 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.

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