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SPECIFIC RELIEF ACT, 1963
PART I PRELIMINARY
1. Short title, extent and commencement 1
2. De nitions 1
3. Savings 2
4. Speci c relief to be granted only for enforcing individual civil rights and not for enforcing penal laws 2
PART II
SPECIFIC RELIEF
CHAPTER I
RECOVERING POSSESSION OF PROPERTY
5. Recovery of speci c immovable property 2
6. Suit by person dispossessed of immovable property 3
7. Recovery of speci c movable property 4
8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession 4
CHAPTER II
SPECIFIC PERFORMANCE OF CONTRACTS
9. Defences respecting suits for relief based on contract 5
CHAPTER III
RECTIFICATION OF INSTRUMENTS
26. When instrument may be recti ed 26
CHAPTER IV
RESCISSION OF CONTRACTS
27. When rescission may be adjudged or refused 28
28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the speci c performance of which has been decreed 29
29. Alternative prayer for rescission in suit for speci c performance 30
30. Court may require parties rescinding to do equity 30
CHAPTER V
CANCELLATION OF INSTRUMENTS
31. When cancellation may be ordered 31
32. What instruments may be partially cancelled 32
33. Power to require bene t to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable 32
CHAPTER VI
DECLARATORY DECREES
34. Discretion of court as to declaration of status or right 32
35. Effect of declaration 32
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 34
41. Injunction when refused
42. Injunction to perform negative agreement 35
43. [Repealed by the Repealing and Amending Act, 1974, w.e.f. 20-12-1974 ] 35
44. [Repealed by the Repealing and Amending Act, 1974, w.e.f. 20-12-1974 ] 36
Specific Relief Act, 1963
[47 OF 1963]1
An Act to de ne and amend the law relating to certain kinds of speci c relief.
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:—
PART I PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the Speci c Relief Act, 1963.
(2) It extends to the whole of India 2[***]
(3) It shall come into force on such date3 as the Central Government may, by noti cation in the Of cial Gazette, appoint.
De nitions
2. 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.
1. Dated 13-12-1963.
2. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
3. With effect from 1-3-1964: vide S.O. 189, dated 13-1-1964.
Savings.
3. 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; or
(b) to affect the operation of the Indian Registration Act, 1908 (16 of 1908), on documents.
COMMENTS
SECTION NOTES
Matters not affected by the provisions of this Act
Section 3 provides that the provisions of this Act shall not affect the following:
(a) Right to reliefs under contract other than specific performance under the contract: The provisions of this Act shall not deprive any person of any right to relief, other than specific performance, which he may have under any contract; or
(b) the provisions of Registration Act, 1908: The provisions of this Act shall not affect the operation of the Indian Registration Act, 1908, on documents.
The above provisions apply except as otherwise provided in this Act.
Speci c relief to be granted only for enforcing individual civil rights and not for enforcing penal laws
4. Speci c relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
COMMENTS
SECTION NOTES
Principles applicable to grant of specific relief
Specific relief can be granted only for the purpose of enforcing individual civil rights. Specific relief cannot be granted for the mere purpose of enforcing a penal law.
PART II
SPECIFIC RELIEF
CHAPTER I
RECOVERING POSSESSION OF PROPERTY
Recovery of speci c immovable property
5. A person entitled to the possession of speci c immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908). S. 5
Suit by person dispossessed of immovable property.
6. (1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person 4[through whom he has been in possession 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.
COMMENTS
SECTION NOTES
Suit for recovery of possession by a person dispossessed of immovable property without his consent
Right to sue for recovery of possession of immovable property: This section confers a right to file a suit for recovery of possession of immovable property. Such right is conferred on any person who is dispossessed of immovable property without his consent otherwise than in due course of law.
No such suit can be filed against the Government.
Limitation for filing such suit: Such suit cannot be brought after the expiry of six months from the date of dispossession.
Order/decree passed in such suit is non-appealable: No appeal shall lie from any order or decree passed in any suit instituted as above.
No review of order/decree in any such suit Any review of any such order or decree shall not be allowed.
Rights not affected by the above provisions of this section: Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.
CASE LAWS
Possession Without Title - Restoration - The Supreme Court clarified the scope of section 6 of the Specific Relief Act, holding that a person dispossessed of immovable property without due process of law can claim restoration of possession, even without proving ownership or title. The Court distinguished this provision from proceedings under tenancy laws, emphasizing that possession, not title, is the core criterion under section 6 - Babu Khan v. Nazim Khan (Dead) by LRs AIR 2001 SC 1740.
Bar on Appeals in Possession Suits - The Supreme Court clarified that section 6(3) of the Specific Relief Act imposes an absolute bar on appeals in suits filed under section
4. Inserted by the Specific Relief (Amendment) Act, 2018, w.e.f. 1-10-2018.
S. 8
6 for recovery of possession of immovable property. However, in this case, the Division Bench of the High Court entertained an intra-court appeal under the Delhi High Court Act and set aside an ex parte decree obtained through procedural lapses. The Supreme Court declined to interfere, observing that restoring the suits for a fair trial was essential to prevent injustice, despite the statutory bar - Ashok Nagar Welfare Association v. R.K. Sharma AIR 2002 SC 335.
Restoration of Possession - Non-Applicability to Criminal Proceedings - The Supreme Court held that Section 6 of the Specific Relief Act, which mandates seeking restoration of possession within six months of dispossession, does not apply to criminal proceedings under Section 145 of the CrPC. The Court observed that the High Court had erred in applying the Specific Relief Act to criminal disputes. However, it upheld the three-year limitation for implementation of orders under Article 137 of the Limitation Act in cases without specific limitation provisions - Shakuntala Devi v. Chamru Mahto 2009 CRI. L. J. 1770.
Recovery of speci c movable property
7. A person entitled to the possession of speci c 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 bene cial 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 suf cient to support a suit under this section.
Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.
8. Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled speci cally 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.
SPECIFIC RELIEF ACT 1963 –BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : FEBRUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364554534
NO. OF PAGES : 52
BINDING TYPE : PAPERBACK
DESCRIPTION
Specific Relief Act 1963 [Bare Act with Section Notes] by Taxmann is a concise yet comprehensive resource on the law of specific relief in India. It focuses on enforcing civil rights through specific performance of contracts, temporary and perpetual injunctions, rectification, cancellation, and declaratory decrees. This 2025 edition incorporates all relevant amendments, including those introduced by the Specific Relief (Amendment) Act, 2018. Each section is followed by clear, explanatory notes illuminating key legal principles.
This book is intended for the following audience:
• Legal Practitioners & Litigators
• Judiciary & Courts
• Law Students & Academics
• Corporate and Business Professionals
• Anyone Seeking Clarity on Specific Relief
The Present Publication is the 2025 Edition, covering the amended and updated text of the Specific Relief Act [Act No. 47 of 1963], with the following noteworthy features:
• [Authentic Text of the Act] Incorporates all updates, including the 2018 amendments
• [Pre-amendment Provisions] Features earlier text in footnotes for historical context
• [Section Notes] Concise explanations highlighting essential concepts, exceptions, and legal principles
• [Comprehensive Coverage] Includes all parts of the Act: definitions, specific performance, rectification, cancellation, declaratory decrees, and injunctions
• [User-friendly Layout] Well-structured headings for quick navigation
• [Case References & Comments] Highlights key Supreme Court judgments for deeper legal understanding
• [Handy for Quick Reference] Ideal for use in courts, classrooms, or offices
