1.

Ways a Court Can Grant Specific Relief:

Under Section5 of SR Act 1877 Court can grant specific relief in following 5 ways-

(a) by taking possession of certain property and delivering it to a claimant; (s8 - 11)

(b) by ordering a party to do the very act which he is under an obligation to do;(s12 - 30 &
55)

(c) by preventing a party from doing that which he is under an obligation not to do; (s52-
54&57)

(d) by determining and declaring the rights of parties otherwise than by an award of
compensation; (s31-43) or

(e) by appointing a receiver. (s44)

These provisions are detailed in the Specific Relief Act, 1877.

2. Provisions for Recovering Possession/Title of Immovable Property:

The Act provides mechanisms for recovering possession of immovable property:

 Section 8: Allows a person entitled to the possession of specific immovable property

to recover it through legal action.
 Section 9: Permits a person dispossessed of immovable property without their consent
to file a suit for recovery of possession, even if they do not hold title, provided the suit
is filed within six months of dispossession.

These sections ensure that individuals can seek legal recourse to regain possession of
immovable property.

3. Distinction Between Section 8 and Section 9:

Section 8 requires two conditions to establish possession over a property:

1. Has title over the property; and

2. Has possession and suit shall be instituted within 12 years.

If the defendant can prove that the plaintiff does not have title over the property, the
defendant will get it.

Section 9 does not require to prove ownership/title of the property but requires following 4
conditions:

1. Has possession over the property.

2. Defendant has dispossessed him;

3. Defendant did not entered into the property legally; and

4. Suit has to be instituted within 6 months.

Revision can be submitted against any order or decree under section 9. Revision of any
decree to the HCD and revision against any order to the District Judge Court/HCD.

Doctrine of Res Judicata will not be applicable if a person sues u/s 9 to restore his right of
possession and then make another sue u/s 8 to restore his ownership. But the lost party cannot
make a new sue u/s 9 again. This will be res judicata.

4.: Cases in which specific performance of a contract is enforceable.

Under Section 12 of SR Act 1877 In 4 cases:

1. When the act agreed to be done is a trust (partially or fully);

2. When there is no standard to ascertain the damage;

3. When pecuniary compensation is not adequate relief; or

4. When it is probable that pecuniary compensation cannot be got.

Court will order for specific relief when there is no way to get pecuniary damages. Court will
order for specific relief when the subject matter is immovable property. But when the matter
is about movable property, the court will order for damages rather than specific relief.

Ad Valorem court fee will be applicable in case of section 12.

5. Can a Court Order Independent Performance of a Part of a Contract?

Yes, under section 15 of SR acr 1877, the court can order specific performance of a part of a
contract. This is typically considered when:

 The part to be performed can be separated from the rest of the contract: Allowing for
independent enforcement without affecting the overall intent of the agreement.
 The plaintiff is willing to relinquish all claims to the unperformed part and has provided
adequate compensation for the same: Ensuring fairness to the defendant.

The court evaluates whether partial performance aligns with the principles of equity and
justice.

6. Contracts Not Specifically Enforceable:

Under section 21 of SR Act, 1877 The following contracts cannot be specifically enforced :-

(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; A contract the
terms of which the Court cannot find with reasonable certainty;

d) a contract which is in its nature revocable;

e) a contract made by trustees either in excess of their powers or in breach of their trust;

These limitations are designed to ensure that specific performance is granted only when it is
practical and just.

7. Court’s Discretionary Power to Decree Specific Performance:

Under section 22 of SR Act, 1877 Discretion as to decreeing specific performance.- 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 by sound and reasonable, guided by judicial principles and capable of correction by
a Court of appeal.

The following are cases in which the Court may properly exercise a discretion not to decree
specific performance :-

Where the circumstances under which the contract is made are such as to give the plaintiff
and unfair advantage over the defendant, though there may be no fraud or misrepresentation
on the plaintiffs part.

8. Personal Bar to Obtaining Specific Relief:

Under section 24 of SR Act, 1877 Specific performance of a contract cannot be enforced in

favour of a person-

(a) who could not recover compensation for its breach;

(b) who has become incapable of performing or violates, any essential term of the contract
that on his part remains to be performed;

(c) who has already chosen his remedy and obtained satisfaction for the alleged breach of
contract; or

(d) who, previously to the contract, had notice that a settlement of the subject-matter thereof
(though not founded on any valuable consideration) had been made and was then in force..
9. What parties cannot be compelled to perform.

Under section 28 of SR Act, 1877 Specific performance of a contract cannot be enforced

against a party thereto in any of the following cases :

a) if the consideration to be received by him is so grossly inadequate, with reference to the

state of things existing at the date of the contract, as to be either by itself or coupled with
other circumstances evidence of fraud or of undue advantage taken by the plaintiff.

b) if his assent was obtained by the misrepresentation (whether wilful or innocent),

concealment, circumvention or unfair practices, of any party to whom performance would
become due under the contract, or by any promise of such party which has not been
substantially fulfilled;

(c) if his assent was given under the influence of mistake of fact, misapprehension or surprise
Provided that, when the contract provides for compensation in case of mistake, compensation
may be made for a mistake within the scope of such provision, and the contract may be
specifically enforced in other respects if proper to be so enforced.