THE SPECIFIC RELIEF ACT, 1963, ACT NO. 47 OF 1963, 13th December, 1963. An Act to define and amend the law relating to certain kinds of specific relief.
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Sections | Particulars |
Part I | Preliminary |
1 | Short title, extent and commencement |
2 | Definitions |
3 | Saving |
4 | Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws |
Part II | Specific Relief |
Chapter I | Recovering Possession Of Property |
5 | Recovery of specific immovable property |
6 | Suit by persons dispossessed of immovable property |
7 | Recovery of specific movable property |
8 | Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession |
Chapter II | Specific Performance Of Contracts |
9 | Defense respecting suits for relief based on contract |
Contracts Which Can Be Specifically Enforced | |
10 | Cases in which specific performance of contract enforceable |
11 | Cases in which specific performance of contracts connected with trust enforceable |
12 | Specific performance of part of contract |
13 | Rights of purchaser or lessee against person with no title or imperfect title |
Contracts Which Cannot Be Specifically Enforced | |
14 | Contracts not specifically enforceable |
Persons For Or Against Whom Contracts May Be Specifically Enforced | |
15 | Who may obtain specific performance |
16 | Personal bars to relief |
17 | Contract to sell or let property by one who has no title, not specifically enforceable |
18 | Non-enforcement except with variation |
19 | Relief against parties and persons claiming under them by subsequent title |
Discretion And Powers Of Court | |
20 | Discretion as to decreeing specific performance |
21 | Power to award compensation in certain cases |
22 | Power to grant relief for possession, partition, refund of earnest money, etc. |
23 | Liquidation of damages not a bar to specific performance |
24 | Bar of suit for compensation for breach after dismissal of suit for specific performance. |
Enforcement Of Awards And Directions To Execute Settlements | |
25 | Application of preceding sections to certain awards and testamentary directions to execute settlements |
Chapter III | Rectification Of Instruments |
26 | When instrument may be rectified |
Chapter IV | Rescission Of Contracts |
27 | Where rescission may be adjudged or refused |
28 | Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed |
29 | Alternative prayer for rescission in suit for specific performance |
30 | Court may require parties rescinding to do equity |
Chapter V | Cancellation Of Instruments |
31 | When cancellation may be ordered |
32 | What instruments may be partially cancelled |
33 | Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable |
Chapter VI | Declaratory Decrees |
34 | Discretion of court as to declaration of status or right |
35 | Effect of declaration |
Part III | Preventive Relief |
Chapter VII | Injunctions Generally |
36 | Preventive relief how granted |
37 | Temporary and perpetual injunctions |
Chapter VIII | Perpetual Injunctions |
38 | Perpetual injunction when granted |
39 | Mandatory injunctions |
40 | Damages in lieu of, or in addition to, injunction |
41 | Injunction when refused |
42 | Injunction to perform negative agreement |
43 | Amendment of Act 10 of 1940 [Repealed by the Repealing and Amending Act, 1974 (56 of 1974)] |
44 | Repeal [Repealed by the Repealing and Amending Act, 1974 (56 of 1974)] |