The Specific Relief Act, 1963, is an Indian legislation which provides remedies for persons whose contractual or civil rights have been violated. The Specific Relief Act, 1963 is a civil statute particularly dealing with redressal for breach of individual rights. It is mainly concerned with the order of injunctions, specific performance of contracts injunctions rectification & cancellation of documents and declaratory. The Specific Relief Act 1963 is to provide that when an undertaking of contract is not performed by one of the parties, the aggrieved party shall have a right of action for specific performance compelling the defaulting party to perform rather than merely suing for money. The Act is in fact held to be an amplification of the principles enunciated in the Indian Contract Act, 1872 to cure injustice that may arise as a result of contractual disputes.
Salient Features of Specific Relief Act 1963
- Specific Performance: It is a type of remedy used in enforcement of contracts if compensatory monetary damages are insufficient. Some contracts, e.g. those for land transactions may be specifically enforceable.
- Injunctions: The SPA Act offers preventive relief in the form of injunctions to stop a party from acting in a harmful manner or make a party do what they are required to do.
- Time Bar: The Act also provides a limitation provision on the time frame within which an application before the court for specific relief may be filed. The limitation period is usually three years.
- Amendment and Repeal: This Act has been amended to satisfy the needs of the present day, in line with changing legal needs and practices. It encompasses the need for compelling accountability in terms of action rather than monetary compensation.
- Excluded from Similar Contracts: At least some of the agreements, i.e. determinable by nature cannot be the specifically enforceable matter.
- Declaratory Relief: A person can approach the court to declare rights or legal status, even if no further relief (e.g., compensation) is sought.
- Equitable relief rather than monetary: The Act relates to specific performance of contractual obligations and not on punitive award for a breach of contract. It makes sure that one party performs what he has promised and not merely compensates the other side.
- Rescission and Termination of Contract: A voidable or void contract may be rescinded by the courts, in which case, the parties return to their original positions.
- Discretionary Power of Courts: Relief under this Act is at the absolute discretion of the court. Courts assess the facts, equity and practicality before passing any order of specific relief.
- Excluding Personal Contracts: Personal Contracts are an exception to the Specific Relief Act since it does not enforce personal skill/talent /performance contracts. E.g. work or artistic performances.
- Applicability: It applies to civil disputes related to contractual and property rights. It does not deal with criminal matters or personal disputes outside contract and property law.
Know the Essential Elements of Valid Contract
Scheme of Specific Relief Act 1963
The following table consists of the schemes of the Specific Relief Act 1963 in detail.
| Chapter | Sections | Details |
| Preliminary | 1-4 | Part I: Preliminary Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws, Extent, and commencement, Short title, Definitions, Saving |
| Chapter I: Recovering Possession Of Property | 5-8 | Part II: Specific Relief Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession, Suit by persons dispossessed of immovable property, Recovery of specific immovable property, Recovery of specific movable property; |
| Chapter II: Specific Performance Of Contracts | 9-25 | Part II: Specific Relief Liquidation of damages not a bar to specific performance, Bar of suit for compensation for breach after dismissal of suit for specific performance, Personal bars to relief; Contract to sell or let property by one who has no title, not specifically enforceable, Contracts not specifically enforceable; Who may obtain specific performance, Non-enforcement except with variation, Relief against parties and persons claiming under them by subsequent title, Application of preceding sections to certain awards and testamentary directions to execute settlements, Defense respecting suits for relief based on contract, Cases in which specific performance of contract enforceable, Cases in which specific performance of contracts connected with trust enforceable, Specific performance of part of contract, Rights of purchaser or lessee against person with no title or imperfect title, Discretion as to decreeing specific performance, Power to award compensation in certain cases; Power to grant relief for possession, partition, refund of earnest money, etc. |
| Chapter III: Rectification Of Instruments | 26 | Part II: Specific Relief When instrument may be rectified |
| Chapter IV: Rescission Of Contracts | 27-30 | Part II: Specific Relief Alternative prayer for rescission in suit for specific performance, Court may require parties rescinding to do equity, Rescission in certain circumstances of contracts for the sale or lease of immovable property, Where rescission may be adjudged or refused, the specific performance of which has been decreed. |
| Chapter V: Cancellation Of Instruments | 31-33 | Part II: Specific Relief When cancellation may be ordered; What instruments may be partially cancelled; 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 | 34-35 | Part II: Specific Relief Effect of declaration, Discretion of court as to declaration of status or right |
| Chapter VII: Injunctions Generally | 36-37 | Part III: Preventive Relief Temporary and perpetual injunctions, Preventive relief how granted; |
| Chapter VIII: Perpetual Injunctions | 38-44 | Part III: Preventive Relief Damages in lieu of, or in addition to, injunction, Injunction when refused, Injunction to perform negative agreement, Perpetual injunction when granted, Mandatory injunctions; Amendment of Act 10 of 1940 [Repealed by the Repealing and Amending Act, 1974 (56 of 1974)]; Repeal [Repealed by the Repealing and Amending Act, 1974 (56 of 1974)] |
The Specific Relief Act, its salient features and various provisions have been compiled by our intern, Ms Pallavi Daruka. She has been assisting the team in bringing informational legal blogs.
