14 THE SPECIFICRELIEF ACT, 1963

[as amended by the Specific Relief (Amendment) Act, 2018]

INTRODUCTION

Extent and commencement [Section 1]

Extent: It extends to the whole of India.
Jammu and Kashmir Reorganization Act, 2019 was passed by both houses of Parliament and
received the assent of the President on 9th August, 2019. The Central Government by a gazette notif
cation appointed 31st October 2019 as the date on which this Act came into force.
o The Act bifurcated the State of Jammuand Kashmir into Union Territory of Ladakh and Union
Territory of Jammu and Kashmir.
Section 95(1) of the Act provides that AllCentral laws in Table -l of the Fifth Schedule to the Act, on
and from the appointed day, shallapply in the manner as provided therein, to the Union territory of
Jammu and Kashmir and Union territory of Ladakh.
Fifth Schedule, Table 1, S.No. 100 pertain to Specific Relief Act. It provides that the words
"except
the State of Jammuand Kashmir" shall be omitted.
Commencement: It came into force 1# March, 1963. The Specific Relief (Amendment) Act, 2018
came into force on 1 October, 2018.
3 Remedy of specific relief aims at exact fulfillment of an obligation. It is
a form of judicial redress
where the aggrieved party gets the relief in specie.
The real object of the specific relief is the protection of civil rights of
a person. Section 4 provides
that 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.
The Act is not exhaustive in nature. This Act has been enacted to define
andamend the law relating to
specific relief. [Preamble]
RECOVERING POSSESSION OF PROPERTY
|Part II, Chapter I, Sections 5-8)
Recovery of specific immovable property [Section 5]
Section 5 provides that a person entitled to
the possession of specitic immovable property may
recover it in the
manner provided by the Code of Civil Procedure, 1908.
Property may be recovered by filing a suit for ejectment on the basis of title. The decree in such suit
may be executed
in manner provided by Order 21 Rules 35 and 36.
 Suit by person dispossessed of immovable property
[Section 6]
Section 6(1)provides that if any person is dispossessed without
his consent of immovable property
otherwise than in due course of law, he or any person through whom
he has been in possession
person claiming through him may, by suit, recover possession thereof, or any
that may be set up in such suit.
notwithstanding any other title
Essential ingredients:
() Person has been dispossessed from
immovable property;
(1) Such dispossession is without his
consent;
(i) Such dispossession is without the due process of
law.
If the above essentials are fulfilled then the
following persons can file a suit for recovery of possession:
(a) The person dispossessed;
(b) The person through whom he has been in possession;
(c) Person claiming through him.
Section 6(2) provides that 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.
Section 6(3) forbids any appeal or review from any order or
this section.
decree passed in any suit instituted under

Person can sue to establish his title to such property

and to recover possession. Section 6(4)]
The purpose behind Section 6 is to restrain any
person from using force in dispossessing any person
otherwise than in due process of law. It provides a
summary remedy.
Section 6does not involve any inguiry into title. Therefore,
even if the defendant has a better title than
plaintiff he cannot forcefully evict him.
It is essential that on the date of eviction the
plaintiff must have a juridical possession. He must not be
a trespasser.

In I.T.CLimited v. Adarsh Co-operative

held that the court is only required to Housing Society Ltd, 2012 (8) JT 188, Supreme Cour
determine following two things:
(a) Whether the plaintiff was in
possession of the property; and
(b) Whether he has been illegally
dispossessed.
The essential difference between Section 5 and 6 is that
in former the suit is based on titlewhile in lattet
the suit is based without establishing title

Recovery of specific movable property [Section 7]

Section 7 provides that a person entitled to the
possession of specific movable property may reco
it in the manner provided by the Code of Civil
Procedure, 1908.
 Specific Relief At, 1963
under this section for the possession of movable
may sue property to the benefic1alinterest in
for whom he is trustee is entitled. [Explanation 1]
t r u s t e e

A person
which the
Aspecial|oor temporary right to the present possession of movable property is sufficient to support a
under
section. [Explanation 2]
this
suit
of
Section 7contemplates recovery movable property itself and not the substitute of the property.
wrongfully detained Ithen a suit can be filed for its claim.
property is The plaintiff must have the
: Ifthe possession.
right to immediate
Liability of person in possession, not as owner, to deliver to persons
entitled to immediate possession Section 8]
. Section 8provides that 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
toits 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.
3 With respect to clause (b) and (c) the court shall presume the following unless and until the contrary
is
proved:
(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;
(0) that it would be extremely difficult to ascertain the actual damage caused by its loss.

SPECIFIC PERFORMANCE OF CONTRACTS

3
[Part II, Chapter I, Sections 9-25]
Specific performance of
If the remedy of specific contract means exact fulfillment ofthe obligations contained in the contract.
to its terms and performance is given then the person has to performthe contract according
3 conditions.
Section 9 provides that
against whom the where any relief of specific performance of contract is claimed the person
any law relief is claimed
may plead any ground of detence which is available to him under
relating to contracts.
Section 10 provides
to the that the specific performance of a contract shall be enforced bythe court subject
3 This provisions contained in Sections 11(2), 14 and 16.
Section hasbeen substituted for old provision by
Therefore, way of Amendment Act of 2018.
it is clear from this
certain restrictions in Section that provisions contained in Sections 11(2), 14 and 16 provide
specific performance of contracts. We will havea look at these provisions first.
 Specific Relief At, 1963

3 In Satish Kumar v. Karan Singh, (2016)4 SCC 352, Supreme Court held that the jurisdichion .
specitic performance of contract is based on existence of avalid and enforceable contract. If ia
and enforceable contract has not been made, the court cannot order specitic performance of cont..valid
In Zarina Siddiqui v. A. Ramalingam, (2015) 1 SCC 705, Supreme Court held that remed.t
specific performance of contract is an equitable remedy.
Restrictions on specific performance of contracts
Section 11(2) provides that a contract made by a trustee in excess of his powers or in breach of trues
cannot be specifically enforced.
9 Section 14 provides for contracts that are not specifically enforceable. The following contracts cannot
be specifically enforced, namely:
(a) Where a party to the contract has obtained substituted performance of contract in accordance with
the provisions of section 20;
(b) A contract, the performance of which involves the performance of a continuous duty which the
court cannot supervise;
(c) A
contract which is so dependent on the personal qualificationsof the parties that the court cannot
enforce specific performance of its material terms; and
(d) A contract which is in its nature determinable.
Section 16 provides for personal bars to relief. It provides that specific performance ofa contract
cannot be enforced in favour of a person:
(a) Who has obtained substituted performance of contract under section 20; 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 prove that he has performed or has always been ready and
willing to pertorm tne
essential terms of the contract which are to be performed by him, other than terms of the
perror
mance of which has been prevented or waived by the defendant.
3 For the purposes of clause (c):
() Where a contract involves the payment of money, it is not essential for
the plaint1itf to actuany
tender to the defendant or to deposit in court any money except when so directed by the
courl
(1) The plaintiff must prove performance of, or readiness and willingness to perform, the contract
according to its true construction. [Explanation]
 Specific Relief Act, 1963
Specific performance of part of contract [Section 12]
. Section 12(1) provides that as ageneral rule the court shall not direct the specific performance of a
Dart of acontract. However, this provision is subject to the provisions made in this section.
lt means that Section 12 itself laysdown certain circumstances where specific performance of part of
contract is allowed by the court.

In Jaswinder Kaur v. Gurmeet Singh, (2017) 12SCC 810, Supreme Court held that relief of part
performance cannot be granted where the inability to perform arises because of plaintiff's own conduct.
Circumstances in which court can allow specific performance of part of contract
These circumstances are provided under Sections 12(2), 12(3) and 12(4)
Section 12(2) provides the following:
Where a party to a contract is unable to perform the whole of his part of it;
The part which must be left unperformed is only asmall proportion to the whole in value; and
The party admits of compensation in money;
The court may direct the specific performance of so much of the contract as can be performed,
and award compensation in money for the deficiency.
Section 12(3) provides the following:
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 direct the party in
default to perform specifically so much of his part ofthe contract as he can perform, in the following
situations
0) In acase 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 withouranw.
abatement; and
() In either case, relinguishes allclaims to the performance of the remaining part of the contract and
all right to compensation, cither for the deficiency ar tor the lOss or damage sustained by bim
through the default of the defendant.
Section 12(4) provides that when a part of acontract which, taken by itself, can and oucht to be
specifically performed, stands on aseparate and independent footing from another part of the same
contract which cannot or ought not to be specifically performed the court may direct specific perfor
mance of the former part.
Section 13 deals with rights of purchaser or lessee against person with no title or imperfect titl,
 Specaific Relief Ad, 1963
Power of court to engage experts (Section 14A|
3 This provision was added by Amendment Act of 2018.
Section 14A provides that in any suit under this Act, where the court considers
it necessary to get expert
opinion to assist it on any specific issue involved in the suit, it may
engage one or more experts and
direct to report to it on such issue and may secure attendance of
the expert for providing evidence
including production of documents on the issue.
The court may require or direct any person to give relevant
information to the expert or to produce, or
to provide access to, any relevant documents, goods
or other property for his inspection. [Section
14A(2)]
Who may obtain specific performance [Section 15]
3 Section 15 provides that except as otherwise
contract may be obtained by the provided by this Chapter, the specific performance of a
following persons:
(a) Any party;
(b) The representative in interest or
the principal, of any party
However in the following conditions
mance of contract unless such party has
representative in interest shall not be entitled to
specific perfor
mance by his representative in interest, or hisalready performed his part of the contract, or
principal, has been accepted by the other the perfor
where the learning, skill, solvency or any party:
contract; or
personal quality of such party is a material ingredient in
the
where the contract provides that his
interest shall not be assigned
(c) Beneficiary of contract
relating to settlement on marriage, or a
between members of the same family. compromise of doubtful rights
(d) The remainderman in case where the contract
exercise of a power. has been entered into by a
tenant for life in due
(e) Areversioner in
possession, where the agreement is a
title and the reversioner is covenant entered into with his
entitled to the benefit of such predecessor in
() A reversioner in covenant;
remainder, where the agreement is
to the benefit and will such a covenant, and the
sustain material injury by reason of its reversioner isent1tled
(fa) When a limited liability breach;
partnership has entered into a contract
gamated with another limited and subsequently becomes
out of the amalgamation. liability partnership, the new limited liability amal
(8) When acompany has
partnership which arises
entered into a
company, the new company which contract and subsequently becomes amalgamated
arises out of the with another
(h) When the
promoters of a company have, before amalgamation;
purposes of the company, and its incorporation,
such entered into a contract for the
contract is warranted by the terms
Company: of the incorporation,
Provided that the company has the
the other party to the accepted the contract and has
contract. communicated such acceptance to
668
 Substituted performance of contract [Section 20]
Section 20(1) provides that where the contract is broken due to non-performance of promise by any
party, the party who suffers by such breach shall have the option of substituted performance through
a third party or by his own agency, and, recover the expenses and other costs actually incurred, spent or
suffered by him, from the party committing such breach.
This provisionis subject to agreement between the parties.
Nosubstituted performance of contract shall be undertaken unless:
The party who suffers such breach has given a noticein writing;
Such notice must not be of less than thirty days;
Notice must be given to the party who commits breach;
Such notice should require him to perform the contract within time specified in the notice, and on his
refusal or failure to do so, he may get the same performed by athird party or by his own agency.
unless he has
The party whosuffers such breach shall not be entitled to recover the expenses and costs
got the contract performed through a third party or by his own agency.
Where the party suffering breach of contract has got the contract performed through a third party or
performance
by his own agency after giving notice he shall not be entitled to claim relief of specific
against the party in breach.
who has breached the
S Party who has suffered breach can also claim compensation from the party
Contract.

Sections 20A, 20B and 20C]

Special provisions for contract relating to infrastructure project
Amendment Act of 2018.
These provisions have been added by
court in a suit under this Act involving
Section 20A(1) provides that no injunction shall be granted by a
spec1tied in the Schedule, where granting injunction would
a contract relating to an infrastructure project
completion of such infrastructure project.
causeimpediment or delayinthe progress or
Government to amend the Schedule relating to any
Category
5 Section 20A(2) empowers the Central
Sub-Sectors.
of projects or Infrastructure
provides for establishment of Special Courts. lt provides that State Government, in
3 Section 20B Courts as
Court, shall des1gnate one or more Civil
consultation with the Chief Justice of the High this Act
Courts, within the local limits of the area toexercise jurisdict1onand to try a suit under
Special
to infrastructure projects.
in respect of contracts relating
under the provisions of this Act shall be disposed of bythe ose.
Section 20C provides that a suit filed detendant
of twelve months from the date of service of summons to the
within a period monthe i
may be extended for a hurther period not exceeding six
Provided that the said period
by the court.
reasons in writing for such extension
ARRTegate after recording
 Power to award compensation in certain cases [Section 21]
3 Section 21(1) provides that in a suit for specific
performance ofa contract, the plaintiff may also clair
compensation for itsbreach in addition to such performance.
The court may award compensation if the court decides that
specific performance ought not to be
granted, but the contract between the parties has been broken by the
defendant. (Section 21(2)1
3 The court can also order specific performance of
contract and compensation for breach of the con
tract simultaneously. [Section 21(3)]
In determining theamount of any compensation awarded under
this section, the court shall be guided
by the principles specified in Section 73 of the Indian Contract Act.
[Section 21(4)]
3 No compensation shall be awarded under this
section unless the plaintiff has claimed such compensa
tion in his plaint. [Section 21(5)]
Power to grant relief for possession, partition, refund of
earnest money, etc (Section 22]
Section 22 provides that person suing for the specific performance
of a contract for the transfer of
immovable property may also 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 hisclaim for specific
performance is refused.
In Excel Dealcomm (P) Ltd. v. Asset
Reconstruction Co. (India) Ltd, (2015) 8 SCC219, Su
preme Court held that court cannot grant the relief of
possession in a suit for specific performance
unless prayer for delivery of possession is not sought specifically.
Liquidation of damages not a bar to specific performance [Section
23]
Section 23 provides a contract which can 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.
3 The party may be willing to pay the sum so named but, if the
court 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 the court may also order
specific performance of contract.
Bar of suit for compensation for breach after
dismissal of suit
for specific performance Section 24]
Section 24 provides that the dismissal of a suit for specific performance of
a contract shall bar the
plaintiffs right to sue for compensation for the breach of such contract. But it shall not bar his
right to
sue for any other relief to which he may be entitled, by reason of such breach.
 RECTIFICATION OF INSTRUMENTS
[Chapter III, Section 26]
The term instrument' is defined in Section 2(14) of Indian Stamp Act, 1899, It includes every docu
ment by which any right or liability is or purports to be created, transferred, limited, extended, extin
guished or recorded.

When instrument may be rectified (Section 26|

Section 26 provides that when, through fraud or a mutual mistake of the parties a contract or other
instrument in writing does not express their real intention, then
(a) Either party or his representative in interest may institute a suit to have the instrument rect1tied; 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
() Adefendant 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.
9 The above provision does not apply to the Articles of Association of a company.
The order of rectification can be made without prejudice to rights acquired by third persons in good
faith and for value.

Acontract in writing may first be rectified, and then if theparty claiming rectification has so prayed in
his pleading and the court thinks fit, may be specifically enforced.
3 Mistake in order to secure rectification of instrument must be mutual and not unilateral.
In Joseph John Peter Sandy v. Veronica Thomas Rajkumar, (2013) 3SCC 801,Supreme Court
held that rectification under Section 26 is possible only by the parties to the instrument and no one else.
This section is applicable only when it is pleaded and proved that through fraud or mutual mistake of
the parties, the real intention of the parties is not expressed.

RESCISSION OF CONTRACTS
[Chapter IV, Sections 27-30]
When rescission may be adjudged or refused (Section 27|
Section 27 provides that 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:
(2) Where the contract is voidable or terminable by the plaintiff:
(D) Where the contract is unlawful for causes not apparent on its face and the defendant is more to
blamethan the plaintiff.
Ketusal to rescind the contract: In the following circumstances the court may refuse to rescind the
Contract:

la) Where the plaintiff has expressly or impliedly ratified the contract; or
 Keliej 1C, T963

(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
restored to the position in which they stood when thehimself), the parties cannot be substantialk.
contract was made; or
(c) Where third parties have, during the
without notice and for value; or
subsistence of the contract, acquired rights in good faith
(d) Where only a part of the contract is sought to
be rescinded and such part is not severable from
rest of the contract. the
Section 28 provides for the rescission of contracts for
the sale or lease of immovable property, the
specific performance of which has been decreed.
Section 29 provides that a plaintiff instituting a suit
for the specific performance ofa contract in
writing may pray in the alternative that, if the
contract cannot be specifically enforced, it may be re
scinded. If the court refuses to enforce the contract
specifically it may direct it to be rescinded.
Section 30 provides that on adjudging the
rescission of acontract, the court may require the party
whom such relief is granted to restore, so far as to
may be, any benefit which he may have received
the other party and to make any compensation from
to him which justice may require.
CANCELLATION OF INSTRUMENTS
[Chapter V, Sections 31-33]
When cancellation may be ordered (Section
31]
3 Section 31(1) provides that any
person against whom a written instrument is void or voidable, and
who has reasonable apprehension that such instrument, if left
may sue to have it adjudged void or voidable. outstanding may cause him serious injury,
Section 32 provides that what instruments may be
ment is evidence of different rights or partially cancelled. It provides that where an instru
different obligations, the court may, in a proper
part and allow it to stand for the residue. case, cancel it in
Power to require benefit to be restored or
compensation to be made when instrument 1s
cancelled or is successfully resisted as being void
or voidable [Section 33]
Section 33(1)provides that on adjudging the
party to whom such relief is granted, to: cancellation of an instrument, the court may require the
Restoreany benefit which he may have
received from the other party; and
To make any compensation to him
which justice may require.
Section 33(2) provides that where a
defendant successfully resists any suit on the
(a) that the instrument sought to be ground
enforced against him in the suit is voidable, the
defendant has received any benefit under the court may if th
restore, so far as may be, such benefit to instrument from the other party, require hin v
that party or to make compensation
(b) that the agreement sought to be enforced for it;
against him in the suit is
void by reason of his not havi
been competent to contract under Section
11 of the Indian Contract Act, the
defendant has received any benefit under the court may, if the
restore, so far as may be, such benefit to that agreement from the other party, require
to

party, to the extent to which he or his estate

benefited thereby.
 DECLARATORY DECREES
[Chapter V, Sections 34-35]
Discretion of court as to declaration of status or right [Section 34]
Section 34 provides that any person entitled to
> Any legal character; or
To any right as to any property, may institute asuit 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 soentitled, and the plaintiff need not in such suit ask for any
further relief.

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. [Proviso to Section 34]
trustee of property is a 'person interested to deny' a title adverse to the title of someone who is not
A
inexistence, and for whom, if in existence, he would be atrustee. [Explanation]
Section 35 provides that adeclaration 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.
In JagdishPrasad Patel v. Shivnath, (2019) 6SCC 82, Supreme Court held that in asuit for declara
tion of title and possession, the plainitff could succeed only on the strength of their own title andnot
on the weakness of the case of defendant. The burden is on the plaintiff to establish their title to the suit
properties.
3 InKandala Port v. Hargovind Hasrai (2013) 3SCC 182, Supreme Court held that grant of declara
tory decree is discretionary in nature. Court may in appropriate cases refuse to grant declaratory decre.
PREVENTIVE RELIEF
[Part II, Chapters VIl and VII]

INJUNCTIONS GENERALLY
[Chapter VII, Sections 36 and 37]
lnjunction is to restrain undue exercise of rights, prevention of threatened wrongs, restoration of
violated possessions and securing of permanent enjoyment of rights.
It is aremedy of equitable nature and in personam.
Section 36 provides that preventive relief is granted at the discretion of the court by injunction.
temporary or perpetual.
 Speciftc Relicf Ac, 1963
time, or uea:t
injunctjons are such as are to continue until aspecific
Section 37 provides that temporary
the further order of the court.
and are regulated by the Code of CivilProcedure, 1908
stage of a suit,
3 They are granted at any
Code of Civil Procedure deals with grant of temporary injunctions.
Order 39 of the conclusion of
temporary injunction is to preserve the subject matter of dispute until the
The object of
the case.
v. Manali
temporary injunctions is guided by sound judicialprinciples. In Ravi Singhal
3 Grant of interim relief
(2001) 8 SCC 1, Supreme Court held that exercise of discretion in grant of
Singhal,
should not be irrational and arbitrary.
merits of
injunction can only be granted by the decree made atthe hearing and upon the
3 A perpetual
the suit.
commission of
defendant is thereby perpetually enjoined from the assertion of aright, or from the
The
of the plaintiff.
an act, which would be contrary to the rights
PERPETUAL INJUNCTIONS

[Chapter VIII, Sections 3844]

Perpetual injunction when granted [Section 38]

the plaintiff to prevent the breach
Section 38 provides that a perpetual injunction may be granted to
implication.
of an obligation existing in his favour, whether expressly or by
by this Chapter.
This is however, subject to the other provisionscontained in or referred to
Permanent injunction to prevent breach of contract will be granted only
in case where the contract is
capable of specific performance.
Cases in which court can grant perpetual injunction

3 Section 38(3) provides that when the defendant invades or threatens to invade the plaintiff's r1ght to,
or enjoyment of, property, the court may grant a perpetual injunction in the following cases:
(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, y
the invasion;
(c) Where the invasion is such that compensation in money would not afford adequate reliet;
(d) Where the injunction is necessary to prevent a multiplicity of judicial proceedings.
In Balakrishna Dattatraya Galande v. Balakrishna Rambharose Gupta(2019), Supreme
can be
observed that in a suit filed under Section 38 of the Specific Relief Act, permanent injunction

granted only to a person who is in actual possession of the property onthe date of suit.
 Specaic Relef Act, 1963
Mandatory injunctions (Section 39]
Section 39 provides that 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 grant an
injunco
to prevent the breach complained of, and also to compel performance of the requisite acts.
Followingtwo things are required to be seen by the court in granting mandatory injunctions:
> It should be in order to prevent breach of an obligation; and
The acts must be such that the court is capable of enforcing it.
Damages in lieu of, or in addition to, injunction [Section 40|
9 Section 40 provides that the plaintiff in a suit for perpetual injunction (Section 38], or mandatory
injunction Section 39|, may claim damages either in addition to, or in substitution for, such injunction
and the court may, ifit thinks fit, award such damages.
The dismissal of asuit to prevent the breach of anobligation existing in favour of the plaintiff shall bar
his right to sue for damages for such breach. [Section 403)1
Injunction when refused (Section 41]
Section 41 provides that an injunction cannot be granted in the following circumstances:
(a) to restrain any person from prosecuting ajudicial 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 acourt not sub-ordinate to
that from which the injunction is sought;
(c) to restrain any person from applying to any legislative body;
(a) to restrain any person from instituting or prosecuting any proceeding in acriminal matter;
(e) to prevent the breach of a contract the performance of which would not be specifically enforced;
(9) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a
nuisance;
8) to prevent acontinuing breach in which the plaintiff has acquiesced;
h) when equally efficacious relief can certainly be obtained by any other usual mode of proceding
except in case of breach of trust;
(ha) if it would impede or delay the progress or completion of any infrastructure project or interfere
with the continued provision of relevant facility related thereto or services being the subject matter
of such project.
() when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance
of the court;

0) when the plaintiff has no personal interest in the matter.

 Specific Relief Act, 1963
Injunction to perform negative agreement Section 42]
Section 42 provides that notwithstanding anything contained in Section 41(e), where a contract com
prises an affirmative agreement to do a certain act, coupled with a negative agreement, express or
implied, not to do acertain act, the circumstance that the court is unable to compel specific perfor
mance of the affirmative agreement shall not preclude it from granting an injunctionto perform the
negative agreement.