As the very name of the word from the title suggests which deals with the recovery of damages which the injured person has suffered, this approach was taken into consideration when the parties entered into a contract and when one of the party refused to perform their duty in place of the promise and the second party due to that non-fulfillment of promise suffers great loss and the aggrieved party is entitled specific relief under this Act. This Act is also considered as one of the branches of the Indian Contract Act, 1872. The Act provides for a Specific performance of a contract in absence of monetary relief, which makes it an Alternative remedy.
Important Provisions of the Specific Relief Act, 1963
Section 2 of the Act deals with certain important definitions of the Act, which need to be understood before we proceed further:
Section 2(a) deals with obligations, which are imposed on a person.
Section 2(b) deals with the delivery of the property to their successive interest.
This term has been dealt with in Section 4 of the said Act, which grants special relief for the enforcement of certain civil rights due to the infringement; it provides relief to the party whose civil right has been infringed.
Recovery under this Act is divided into two ways I.e. recovery of moveable property and the recovery of immovable property; in fact, the Act has a basic rule of possession as the prima facie evidence of the ownership.
Accordingly, Section 5 deals with the remedies available to a party whose possession of the property has been taken away and wants to recover the same lawfully.
Section 6 of this Act details the filing of a suit for the recovery of the possession if a person has been disposed of the property. This section is not only just a legal rule but also has a wide practical approach. Certain requirements are to be fulfilled for the recovery under Section 6, which are as follows:
- Section 6(1) states that the person who has been disposed of from the property must have been done so unlawfully and which was carried out against the nature of the law, and the dispossession must be without the person who is suing for the same.
- Section 6(2) states that no suit can be brought by any person filing for dispossession after the expiry of 6 months under this Section. Also, Section 6(2) states that no suit against the government can be brought by any person regarding dispossession.
Another very important Section of the Specific Relief Act, 1963 in Section 10, which includes the conditions for the performance of a contract, which would be enforceable in the eyes of the law and those conditions are:
- When the damages due to the non-performance of the obligation cannot be ascertained.
- When money alone is not adequate relief for the non-performance of the obligation.
Section 14 of the act holds provisions for the contracts, which cannot be enforced:
- A non-performance in the contract in which money is given is adequate relief.
- A contract that has minute details, which is dependent on the personal qualifications of the parties.
- A contract in which the performance involves to be continuity where the court’s supervision is not possible.
Section 21 deals with the power to award compensation by the courts to the aggrieved party, which are as follows:
- When the specific performance by the court cannot be granted but there has been a breach of contract then the court may order compensation to be given to the aggrieved party.
- No compensation will be awarded when there is no mention in the plaint.
- When in cases the court thinks that, even after the specific performance, the relief is not sufficient then the court may order for compensation.
Section 27 of the Specific Relief Act, 1963 deals with the conception of a recession of the contracts, which means withdrawing of a contract. The recession of a contract can be canceled in certain ways:
- When the contract is itself unlawful ;
- Where the contract has been terminated or has been made voidable by the plaintiff.
Injunctions are specific orders from the court in which the parties are ordered by the court to abstain from performing any act. Section 36-44 of the Specific Relief Act,1963 deals with Injunctions.
Perpetual Injunction is also known as a permanent Injunction can be ordered by the court only after hearing both sides. Perpetual Injunction is given to prevent a breach of any obligation and imposing rights in the aggrieved party’s favor.
Some Landmarks judgments
N.P. Thirugnanam vs. Dr. R.J. Mohan Rao in the said case it was observed by the court that the plaintiff itself did not want to perform the contract so the decision regarding specific performance was to be issued under this favor.
Gita Rani Paul vs. Dibyendu Kundu in this case the Supreme Court held that in cases of dispossession it is enough that the party proves only the entitlement to the property and nothing else is required to be proved.
The main objective of the Act is that no person shall suffer any loss or damage due to the party causing such a situation and henceforth the party causing such damages should be put in a position to restore what the other party has suffered a loss. The specific relief Act is a set of reliefs that are given to the parties providing enough compensation to all.