The Specific Relief Act, 1963

ACT NO. 47 OF 1963

An Act to define and amend the law relating to certain kinds of specific reliefs.  

                                                

BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:-      

PART I

PRELIMINARY

1. Short title, extent and commencement.- (1) This  Act may  be  called the Specific Relief Act, 1963.        

(2) It extends to the whole of India except the State of Jammu and Kashmir.        

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.      

2.  Definitions. - In this Act, unless the context otherwise  requires,-             

(a) "obligation" includes every duty enforceable by law;             

(b) "settlement" means an  instrument (other than a will or codicil as defined by the Indian Succession Act,1925 (39 of  1925)) whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of;  

(c) "trust"  has the  same meaning as in section 3  of the Indian Trusts  Act, 1882  (2 of 1882), and  includes an obligation in  the nature of a trust within the meaning of Chapter IX of that Act;              

(d) "trustee"  includes every  person  holding  property  in trust;             

(e) all other words and expressions  used herein  but  not defined, and  defined in the Indian Contract Act, 1872 (9 of 1872), have the meanings respectively assigned to them in that Act.      

3. Savings.- Except as otherwise provided herein, nothing in this Act shall be deemed-              (a) to deprive any person of any right to relief, other than specific performance,  which  he  may  have  under  any contract;

 (b) to affect the operation of the Indian Registration Act,1908 (16 of 1908), on documents.      

4. Specific relief to be granted only for enforcing individual civil rights  and not for enforcing penal laws.- 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.                                        

PART II

SPECIFIC RELIEF

CHAPTER I

RECOVERING POSSESSION OF PROPERTY

5. Recovery of specific immovable property.- A person entitled to  the possession  of specific  immovable property  may recover it in the  manner provided by the Code of Civil Procedure, 1908 (5 of 1908).

6. Suit  by person dispossessed of immovable property.- (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  months  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.           

7. Recovery  of specific  movable property.- A person entitled to  the possession  of specific  movable property  may recover  it in  the  manner provided by the Code of Civil Procedure, 1908 (5 of 1908).        

Explanation 1.-A trustee may sue under this section for the possession of movable property to the beneficial interest in which the person for whom he is trustee is entitled.        

Explanation 2.-A special or temporary right to the present possession of movable property  is sufficient to support a suit under  this section.      

8. Liability of person in possession, not as owner, to deliver to  persons entitled  to  immediate  possession.- Any  person  having  the  possession or  control of a particular article of movable property, of  which he is not the owner, may be compelled specifically to deliver it  to the  person entitled  to its  immediate possession,  in any  of the  following cases:-             

(a) when the thing  claimed is held by the defendant as the agent or trustee of the plaintiff;             

(b)  when   compensation  in  money  would  not  afford  the plaintiff adequate  relief for  the loss  of the  thing claimed;             

(c) when  it would  be extremely  difficult to ascertain the actual damage caused by its loss;             

(d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff.        

Explanation.-Unless and  until the contrary is proved, the court  shall, in  respect of  any article  of movable  property claimed under  clause (b) or clause (c) of this section, presume-             

(a) that compensation  in  money  would  not  afford  the plaintiff adequate  relief for  the loss  of the  thing claimed, or, as the case may be;              

(b) that it would  be extremely  difficult to ascertain the actual damage caused by its loss

CHAPTER II

SPECIFIC PERFORMANCE OF CONTRACTS

9. Defences respecting suits for relief based on contract.- Except  as otherwise  provided herein,  where any relief is claimed under this  Chapter in  respect of  a contract, the person against whom the relief  is claimed  may plead  by way of defence any ground which is available  to him under any law relating to contracts.                

CONTRACTS WHICH CAN BE SPECIFICALLY ENFORCED

10. Cases  in which specific performance of  contract  enforceable.-  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  the actual damage caused by the non-performance of the act agreed to be done; or                

(b) when the act agreed to be done is 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.           

11. Cases  in which  specific performance  of contracts connected  with trusts enforceable.- (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.      

12. Specific performance of part of contract.- (1) Except as otherwise hereinafter  provided in  this section,  the court shall not  direct the specific performance of a part of a contract.        

(2) Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed bears only a small proportion to the whole in value and admits of compensation in money, the court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed, and award compensation in money for the deficiency.        

(3) Where a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed either-             

(a) forms a considerable part of the whole, though admitting of compensation in money; or             

(b) does not admit of compensation in money; he is  not entitled  to obtain  a decree for specific performance; but  the court  may, at  the suit  of the  other party, direct the party in  default to perform specifically so much of his part of the contract as  he can perform, if the other party-             

(i) in a case falling under clause (a), pays or has paid the agreed consideration  for the  whole  of  the contract reduced by the consideration for the part which must be left unperformed  and in  a case  falling under  clause                

(b), pays or has paid the consideration for the whole of the contract without any abatement; and

(ii) in either  case, relinquishes all claims to the performance 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.      

13. Rights of purchaser or lessee against person with no title or imperfect  title:-  (1)  Where a  person contracts  to  sell  or  let  certain immovable property having no title or only an imperfect title,  the purchaser  or lessee (subject to  the other  provisions  of  this  Chapter), has the following rights, namely:-             

(a) if the vendor or lessor has subsequently to the contract acquired any interest in the property, the purchaser or lessee may compel him to make good the contract out of such interest;             

(b) where  the concurrence of other persons is necessary for validating the  title, and  they are bound to concur at the request  of the  vendor or lessor, the purchaser or lessee may  compel him  to  procure  such  concurrence, and  when a conveyance by other persons  is necessary to validate the title and they are bound to convey at the request the vendor  or lessor,  the  purchaser  or  lessee  may compel him to procure such conveyance;             

(c) where the 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 a  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  lessor  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.              

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

14. Contracts not specifically enforceable.- (1) The following contracts cannot be specifically enforced, namely:--             

(a) a contract for the non-performance of which compensation in money is an adequate relief;             

(b) a  contract which  runs into  such  minute or  numerous details or  which  is  so  dependent  on  the  personal qualifications or volition of the parties, or otherwise from its  nature is such, that the court cannot enforce specific performance of its material terms;             

(c) a contract which is in its nature determinable;             

(d) a contract 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  (10 of 1940),  no contract  to refer  present or  future differences  to  arbitration  shall be specifically enforced; but  if any  person who has made such a contract (other than  an 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 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 lender  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 of partnership, the parties  having commenced  to carry on the business of the partnership; or                        

(ii) the purchase of  a share  of a  partner in a firm,             

(c) where the suit is for the enforcement of a contract for the construction  of any  building or  the execution of any other work on land:        

Provided that the following conditions are fulfilled, namely:-             

(i) the building or other work is described in the contract in terms  sufficiently precise  to enable  the court to determine the exact nature of the building or work;             

(ii)  the plaintiff has a substantial  interest  in  the performance of the contract and the interest is of such a nature that compensation in money for non-performance of the contract is not an adequate relief; and             

(iii) the defendant has, in pursuance  of  the  contract, obtained possession of the  whole or  any part of the land on which the building is to be constructed or other work is to be executed.

PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY                 ENFORCED      

15. Who may obtain specific performance.-  Except as otherwise provided by  this Chapter,  the specific performance of a contract may  be obtained by-

(a) any party thereto;             

(b) the representative in interest or the principal, 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 of 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 there under;             

(d) where the contract has been entered into by a tenant for life in due exercise of a power, the remainder man;             

(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 entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation;             

(h) when the  promoters of a company  have,  before  its incorporation, entered into a contract for the purpose of the company, and such contract is warranted by the terms of the incorporation, the company:             

Provided, that the company has accepted the contract and has communicated such acceptance to the other party to the contract.   

16. Personal bars to relief. - Specific performance of a contract cannot be enforced in favour of a person-

(a) who would not  be entitled  to recover compensation for its breach; or             

(b) who  has become incapable of performing, or violates any essential term  of,  the  contract  that  on  his  part remains to  be performed,  or  acts  in  fraud  of  the contract, or  wilfully acts  at variance  with, or  in subversion of,  the relation intended to be established by the contract; or             

(c) who fails to aver and prove that he has performed or has always been  ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms the  performance of which has been prevented or waived by the defendant.        

Explanation.-For the purposes of clause (c),-             

(i) where  a contract  involves the  payment of money, it is not essential  for the  plaintiff to actually tender to the defendant or to deposit in court any money except when so directed by the court;             

(ii) the plaintiff must aver performance of, or readiness and willingness  to perform,  the contract according to its true construction

17. Contract to sell or let property by one who has no title, not  specifically enforceable.- (1) A contract to sell or let any immovable  property cannot  be specifically  enforced in  favour of  a vendor  or  lessor-             

(a) who,  knowing himself not to  have any title to the property, has contracted to sell or let the property;             

(b) who,  though he entered into the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the court for the completion of the  sale or letting, give the purchaser or lessee a title free from reasonable doubt.        

(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.      

18. Non-enforcement  except with  variation.- Where a plaintiff seeks specific  performance of a contract in writing, to which  the defendant sets up a variation, the plaintiff cannot obtain the performance sought, except with the variation so set  up, in the following cases, namely:-              

(a) where, by fraud, mistake of fact or misrepresentation, the written contract of which performance is sought is in its terms or effect different from what the parties agreed to,  or does not contain all the terms agreed to between the parties on the basis of which the defendant entered into the contract;             

(b) where the object of the parties was to produce a certain legal result  which  the  contract as framed  is  not calculated to produce;             

(c) where the parties have, subsequently to the execution of  the contract, varied its terms.

19. Relief against parties and persons claiming under them by subsequent title.- Except  as otherwise provided by this Chapter, specific performance of a contract may be enforced against-              

(a) either party thereto;             

(b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who  has paid his money in good faith and without notice of the original contract;             

(c) any person claiming under a title which, though prior to the contract  and known  to the  plaintiff, might  have been displaced by the defendant;             

(d)  when a company  has  entered into a contract  and subsequently becomes  amalgamated with another company, the new company which arises out of the amalgamation;             

(e) when the  promoters of a company  have, before its incorporation, entered  into a contract for the purpose of the company and such contract is warranted by the terms of the incorporation, the company:             

Provided that the company has accepted the contract and communicated such acceptance to the other party to the contract.                       

DISCRETION AND POWERS OF COURT

20. Discretion  as to  decreeing specific  performance.- (1)  The jurisdiction to  decree specific performance is discretionary, and the  court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the court is not arbitrary but  sound and reasonable, guided by judicial principles and  capable of correction by a court of appeal.        

(2) The following are cases in which the court may properly exercise discretion not to decree specific performance-             

(a) where  the terms  of the  contract or the conduct of the parties at  the time  of entering  into the contract or the other  circumstances under which the  contract was entered into  are such  that the contract, though not voidable, gives the plaintiff an unfair advantage over the defendant; or             

(b) where the performance of the contract would involve some hardship on  the defendant which he  did not  foresee, whereas  its  non-performance  would  involve  no  such hardship on the plaintiff;             

(c) where  the defendant entered into the contract  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. 

21. Power to award compensation in certain cases.- (1) In a suit for specific performance of  a contract, the plaintiff may also claim  compensation for its breach, either in addition to, or in substitution  of, such performance.  

(2) If, in any such  suit, the court decides  that specific  performance ought not to  be granted,  but that  there is  a contract  between the  parties which  has been broken by the defendant, and that  the plaintiff  is entitled  to compensation  for that breach, it shall  award him such compensation accordingly.        

(3) If,  in any  such  suit,  the  court  decides  that  specific  performance ought  to be  granted, but  that  is  not  sufficient to  satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly.        

(4) In determining the amount of any compensation awarded under  this section, the court shall be guided by the principles specified in section 73 of the Indian Contract Act, 1872 (9 of 1872).        

(5) No compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint:        

Provided that  where the  plaintiff  has  not  claimed  any  such  compensation in  the plaint,  the court  shall, at  any stage  of  the  proceeding, allow  him to  amend the  plaint on  such terms  as may be  just, for including a claim for such compensation.        

Explanation.-The  circumstance  that  the  contract  has  become  incapable of  specific performance  does not  preclude the  court from  exercising the jurisdiction conferred by this section.      

22. Power to grant  relief for  possession, partition, refund of earnest money, etc.- (1)  Notwithstanding  anything  to  the  contrary  contained in  the Code   of  Civil  Procedure, 1908 (5 of  1908), any person suing for the  specific performance of a contract for the  transfer of immovable property may, in an appropriate case, ask for-             

(a) possession, or partition and separate possession, of the property, in addition to such performance; or             

(b) any  other relief to which he may be entitled, including the refund  of any  earnest money  or deposit  paid  or made  by  him,  in  case  his  claim  for  specific performance is refused.        

(2) No relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it has been specifically claimed:        

Provided that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief.        

(3) The  power of  the court  to grant relief under clause (b) of  sub-section (1)  shall be  without prejudice  to its  powers to  award  compensation under section 21.      

23. Liquidation of damages not a bar to specific performance.- (1)  A contract,  otherwise proper  to be  specifically enforced, may be so  enforced, though a sum be named in it as 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.                  

24. Bar of suit for compensation for breach after dismissal of suit for specific performance. - 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.          

ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS

25. Application  of preceding  sections  to  certain  awards  and  testamentary directions to execute settlements.- The provisions of this  Chapter as to contracts shall apply to awards to which the Arbitration  Act, 1940 (10 of 1940), does  not apply and to directions in a will or  codicil to execute a particular settlement.

CHAPTER III

RECTIFICATION OF INSTRUMENTS      

26. When  instrument may be rectified.- (1) When, through fraud or  a mutual  mistake of  the parties,  a contract  or other instrument in  writing (not being the articles of association  of a  company to  which the Companies Act, 1956  (1 of  1956), applies) does not express their real intention, then-             

(a) either party or  his representative in interest may institute a suit to have the instrument rectified; or            

 (b) the plaintiff may, in any suit in which any right arising under  the instrument is in issue, claim in his pleading that the instrument be rectified; or             

(c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence open to him, ask for rectification of the instrument.

(2) If, in any suit in which a contract or other instrument is  sought to be rectified under sub-section (1), the court finds that the  instrument, through  fraud or mistake,  does  not  express the real intention of  the parties, the court  may, in  its discretion, direct  rectification of  the instrument so as  to express that intention, so far as  this can be done without prejudice to rights acquired by third  persons in good faith and for value.        

(3) A contract in writing may first be rectified, and then if the party claiming rectification has  so prayed  in his  pleading and the  court thinks fit, may be specifically enforced.        

(4) No relief for  the rectification  of an  instrument shall be granted to any  party   under  this  section  unless  it  has  been  specifically claimed:        

Provided that where a  party has  not claimed any such relief in  his pleading,  the court  shall, at any stage of the proceeding, allow  him to  amend the  pleading on such terms as may be just for including  such claim.      

CHAPTER IV

RESCISSION OF CONTRACTS

27. When  rescission may  be adjudged  or refused.- (1) Any person  interested in  a contract  may sue  to have  it  rescinded,  and  such  rescission may be adjudged by the court in any of the following cases,  namely:-             

(a) where the contract  is voidable  or terminable by  the  plaintiff;             

(b) where the contract  is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff.            

(2) Notwithstanding anything contained in sub-section (1), the  court may refuse to rescind the contract-             

(a) where the plaintiff has expressly or impliedly ratified the contract; or

(b) where,  owing to the change of circumstances which has taken place since the making of the contract (not being due to  any act of the defendant himself), the parties cannot be substantially restored  to the  position  in which they stood when the contract was made; or            

 (c) where third parties have, during the subsistence of the contract, acquired rights in good faith without notice and for value; or             

(d) where only a part of  the contract is sought  to be rescinded and  such part is not severable from the rest of the contract.        

Explanation.-In this section "contract", in relation to the territories to which the Transfer of Property Act, 1882 (4 of 1882), does not extend, means a contract in writing.                  

28. Rescission in certain circumstances of contracts for the sale  or lease  of immovable property, the specific performance of which has  been decreed.- (1) Where in any suit a decree for specific performance  of a  contract for  the sale  or lease  of immovable property has been made and  the purchaser or lessee does not, within the period allowed  by the  decree or  such further period as the court may allow, pay the  purchase money or other  sum which the court has ordered him to pay, the vendor or lessor may apply in the same suit in which the decree is made, to have the contract rescinded and on such application the court  may, by  order, rescind the contract either so far as regards the party  in default or altogether, as the justice of the case may require.       

 (2) Where a contract is rescinded under sub-section (1), the court-             

(a) shall direct the  purchaser or  the lessee, if he has obtained possession of the property under the contract, to restore such possession to the vendor or lessor, and             

(b) may  direct payment to the vendor or lessor of all the rents and  profits which have accrued in respect of the property from  the date on which  possession  was  so obtained by  the purchaser  or lessee until restoration of possession  to the  vendor or  lessor, and, if the justice of  the case so requires, the refund of any sum paid by the vendee or lessee as  earnest money or deposit in connection with the contract.        

(3) If  the purchaser  or lessee pays the purchase money or other  sum which  he is  ordered to  pay under  the decree  within the period  referred to  in sub-section (1), the court may, on application made in  the same suit, award the purchaser or lessee such further relief as he  may be  entitled to, including in appropriate cases all or any of the following reliefs, namely:-             

(a) the execution of  a proper conveyance or  lease by the vendor or lessor;             

(b) the delivery of possession, or  partition and separate possession, of  the property  on the  execution of such conveyance or lease.        

(4) No separate suit in respect of any relief which may be claimed under this section shall lie at the  instance of  a vendor, purchaser, lessor or lessee, as the case may be.        

(5) The costs of any proceedings under this section shall be in the discretion of the court

29. Alternative prayer for rescission in suit for specific performance.- 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.      

30. Court  may  require  parties  rescinding  to  do  equity.-  On  adjudging the  rescission of a contract, the court  may require  the  party to whom such relief is granted to restore, so far as may be, any benefit which he may have received  from the other party and to make  any compensation to him which justice may require.      

CHAPTER V

CANCELLATION OF INSTRUMENTS

31. When cancellation may be ordered.- (1) Any person against whom a written  instrument is void or voidable, and  who  has  reasonable  apprehension that  such instrument,  if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the  court may,  in its  discretion, so  adjudge it  and  order  it  to  be  delivered up and cancelled.        

(2) If  the instrument  has  been  registered  under  the  Indian  Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered;  and such  officer shall note on the copy of  the  instrument contained in his books the fact of its cancellation.           

32. What  instruments  may  be  partially  cancelled.- Where an instrument is  evidence of different rights or different obligations, the court  may, in  a proper case, cancel  it in part and allow it to  stand for the residue. 

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.- (1) On adjudging the cancellation of an instrument,  the court  may require  the party  to whom  such relief is granted, to restore, so far as may be any benefit which he may have received from  the other  party and to make any compensation to him which justice may  require.        

(2) Where a defendant successfully resists any suit on the ground-             

(a) that the instrument sought to be enforced against him in the suit  is voidable,  the court  may if the defendant has received  any benefit under the instrument from the other party,  require him to restore, so far as may be, such benefit  to that party or to make compensation for it;             

(b) that  the agreement sought to be enforced against him in the suit  is void  by reason  of his  not  having  been competent to  contract under  section 11  of the Indian Contract Act,  1872 (9 of 1872), the  court may, if the defendant has  received any benefit under the agreement from the other party, require him to restore, so far as may be,  such benefit  to that  party, to the extent to which he or his estate has benefited thereby.      

CHAPTER VI

DECLARATORY DECREES

34. Discretion of court as to declaration of status or right.- 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 the  court may  in its  discretion make therein a declaration that he is so  entitled, and  the plaintiff need not 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  someone  who  is  not  in  existence, and for whom, if in existence, he would be a trustee.      

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.                                         

PART III

PREVENTIVE RELIEF

CHAPTER VII

INJUNCTIONS GENERALLY

36. Preventive relief how granted.-  Preventive relief is granted  at the discretion of the court by injunction, temporary or perpetual.      

37.  Temporary   and   perpetual   injunctions.-  (1)   Temporary  injunctions are  such as  are to  continue until  a specified time, or  until the  further order  of the court, and they may be granted at any  stage of  a suit,  and are  regulated by  the Code of Civil Procedure,  1908 (5 of 1908).        

(2) A perpetual injunction can only be granted by the decree made  at the  hearing and  upon the  merits of  the suit;  the defendant  is  thereby perpetually  enjoined from  the assertion  of a right, or from  the commission of an act, which would be contrary to the rights of the  plaintiff

CHAPTER VIII

PERPETUAL INJUNCTIONS     

38. Perpetual  injunction when  granted.- (1) Subject to the other  provisions contained  in or  referred to  by this Chapter, a perpetual  injunction may be granted to the plaintiff to prevent the breach of an  obligation  existing in  his   favour,  whether   expressly or by  implication.   

 (2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.        

(3) When the  defendant invades or threatens  to  invade  the  plaintiff's right to, or enjoyment of, property, the court may grant a  perpetual injunction in the following cases, namely:-             

(a) where the defendant  is trustee of the property for the plaintiff;             

(b) where there exists no standard for ascertaining the actual damage caused, or  likely to  be caused, by the invasion;             

(c) where the invasion is such that compensation in money would not afford adequate relief;            

(d)  where the  injunction is necessary to prevent a multiplicity of judicial proceedings.      

39. Mandatory injunctions.- When, to prevent  the breach  of  an  obligation, it  is necessary to compel the performance of certain acts  which the court is capable  of  enforcing,  the court may in its discretion grant  an injunction  to prevent  the breach complained of,  and also to compel performance of the requisite acts.      

40. Damages in lieu of, or in addition to, injunction.- (1) The plaintiff in a suit for perpetual  injunction under  section 38,  or

 mandatory injunction  under section  39, may  claim damages  either in  addition to,  or in  substitution for,  such injunction  and the court  may, if it thinks fit, award such damages.

(2) No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint:        

Provided that  where no  such damages  have been  claimed in  the  plaint, the  court shall,  at any  stage of the proceedings, allow the  plaintiff to  amend the  plaint on  such terms  as  may  be  just  for  including such claim.        

(3) The  dismissal  of  a  suit  to  prevent  the  breach  of  an  obligation existing  in favour of the plaintiff shall bar his right to  sue for damages for such breach

41. Injunction when refused.- An injunction cannot be granted-             

(a) to  restrain any  person  from  prosecuting  a  judicial proceeding pending  at the institution of  the suit in which the injunction  is  sought,  unless   such  restraint   is necessary to prevent a multiplicity of proceedings;            

 (b) to restrain any  person from instituting or prosecuting any proceeding  in a court not subordinate to that from which the injunction is sought;             

(c) to restrain any person from applying to any legislative body;            

 (d) to restrain any  person from instituting or prosecuting any proceeding in a criminal matter;             

(e) to prevent the  breach of a contract the performance of which would not be specifically enforced;            

 (f) to prevent, on  the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;             

(g) to prevent a  continuing breach  in which the plaintiff has acquiesced;             

(h)  when   equally  efficacious  relief  can  certainly  be obtained by  any other  usual mode of proceeding except in case of breach of trust;             

(i) when the conduct of the plaintiff or his agents has been such as  to disentitle  him to  the assistance  of  the court;             

(j) when the plaintiff  has no  personal  interest  in  the matter.      

42. Injunction  to perform  negative  agreement.- Notwithstanding  anything contained  in clause  (e) of  section 41,  where  a  contract  comprises an affirmative agreement to do a certain act, coupled with a  negative agreement,  express or  implied, not to do a certain act, the  circumstance that  the court  is unable to compel specific performance  of the  affirmative agreement  shall not  preclude it from granting an  injunction to perform the negative agreement:       

 Provided that  the  plaintiff  has  not  failed  to  perform  the  contract so far as it is binding on him.      

43.     [Repealed.]           

44.     [Repealed.]