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THE
Specific Relief Act
1877
[7th February 1877]

Q No.1- When Specific Relief was enacted?

Ans: It was enacted on 7th February 1877.

Q No.2- What do you understand by expression Specific Relief Act?

Ans: Law of Specific Relief seeks to the implement the ideas of BENTHEM who said
“the law ought to assure me everything which is mine without forcing me to accept
equivalence, although I have no particular objection to them”

Expression Specific Relief:-

According to Sir Edward Fry “A perfect system of jurisprudence ought to enforce the
actual performance of contracts of every kind and class, except only when there are
circumstances which render such enforcement unnecessary or inexpedient”.

Q No.3- (Section 5) How Specific Relief is granted?

Ans: It is granted by, 1. by the recovery of the specific property, movable or immovable,
2. specific performance of a contract, 3. by preventive relief by granting an injunction,
temporary or perpetual, 4. by appointing a receiver.

Q No.4- (Section 9) What remedies specific relief act provides for the recovery of
possession of the immovable property to a person dispossessed?
Ans: 1. He may adopt the Summary remedy based on possession U/s 9 of SRA, 2. He
may file long-drawn regular suit based on title u/s 8 of SRA.

Q No.5- (Section 8 & 9) What is difference between Sections 8 & 9?

Ans: 1. U/s 8 plaintiff has to file a long drawn regular suit for ejectment whereas section
9 gives a summary remedy, 2. U/s 8 the claim is based on the title while u/s 9 the claim is
based on possession and no proof of title are required and even a rightful owner may be
precluded from showing his title to the land, 3. The period of limitation in section 8 is 12
years while section 9 it is only six months from the date of dispossession.

Requisites of section 9:- 1. Juridical possession of the plaintiff at the time of his
dispossession, 2. Dispossession of the plaintiff without his consent, 3. the suit must be
instituted within 6 months from the date of dispossession.

Q No.6- (Section 10 & 11) When a person can be sued for the recovery of possession of
the specific movable property?
Ans: Section 10 & 11 deals with the circumstances under which a person holding
movable property of plaintiff without lawful jurisdiction can be sued for the recovery of
it, u/s 10 plaintiff has to file a regular suit for recovery of movable property, nature and
quality of which is immovable and the plaintiff need not be the absolute owner of it.

Section 11 deals with the circumstances which entitle the plaintiff to recover the specific
movable property itself from the defendant, who is not the owner thereof in cases where
the property has a peculiar value of the association and can not be adequately
compensated for in terms of money.
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Note:- Plaintiff can claim compensation or an alternative where, when the compensation
on money is not adequate, where the assertion of actual damages are different.

Q No.7- (Section ____) Explain the doctrine of Specific performance of the contract?
Ans: This doctrine is based on equity, the plaintiff is entitled to have the specific thing for
which he has contracted. A contract is an agreement upon sufficient consideration and the
person on whom this contractual obligation rests of facts to discharge it, there results to
other parties a right either to consist for actual performance or to obtain compensation for
not performing.

Q No.8- (Section 12) Which contracts can be specifically enforced?

Ans: Section 12 defines the following:-
1. When the act agreed to be done is in the performance wholly or partially of a trust.
2. Where there exists no standard for ascertaining the actual damage caused by non-
performance of the act agreed to be done.
3. Where the pecuniary compensation would not afford adequate relief.
4. Where pecuniary compensation can not be got for the non-performance of the act
agreed to be done.

Q No.9- (Section 21) Define contracts which can not be specifically enforced? OR
Defences for the non-performance of contract?
Ans:
1. A contract for the non-performance of which compensation in money is an adequate
relief.
2. A contract which runs into such minute and numerous detail that the Court can not
enforce specific performance of its material term.
3. Where the contract from its nature is such that the Court can not enforce the specific
performance.
4. A contract which is in its nature revocable.
5. A Contract performance of which involves the performance of continuous duty
extending over a longer period than 3 years from its date.
6. A contract made by trustee either in access of their powers or on breach of trust.
7. A Contract the terms of which the Court can not find the reasonable certainty.

Q No.10- (Section 23) Who may obtain specific performance?

Ans:
1. Any party thereto,
2. The representative in interest or principal,
3. Where learning skill, solvency or special quality of such party is a material ingredient
or where the contract provides that his interest shall not be assigned to anyone, his
representative or principal is not entitled to specific performance of contract unless,
where his part there off has already been performed.

For which contract may be specifically enforced?

Ans: Where a contract is a settlement on marriage or a compromise of doubtful rights
between members of the same family, any person beneficiary entitled thereunder.
➢ Where the contract has been entered into by a tenant for life in the due exercise of
a power, the remainder-man.
➢ A provision on a possession where arrangement into with his predecessor into his
title and the reversioner is entitled to the benefit of such covenant.
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➢ Where a public company has entered into a contract and subsequently becomes
amalgamated with another public company the new company which arises out of
the amalgamation.
➢ When the promoters of a public company have before its incorporation entered
into a contract for the company, and such contract is warranted by the terms of the
incorporation of the company.

Q No.11- (Section 24) State the persons by or in favour of whom contracts can not be
specifically enforced?
Ans: U/s 24 SRA, Specific performance of a contract can not be enforced by or in favour
of a person:
➢ Who could not recover compensation for its breach?
➢ Who has become incapable of performing any essential term of the contract that
on his part remains to be performed?
➢ Who has already chosen his remedy and obtained satisfaction for alleged breach
of contract?
➢ Who knowing himself not have any title to the property has contracted the sale or
late the same.

Q No.12- (Section 29) A suit for specific performance of a contract is dismissed can the
plaintiff bring a fresh suit for compensation for the breach of the same contract?
Ans: Section 29 of SRA Bars on the suit for breach after dismissal:- The plaintiff can not
bring a separate and fresh suit for compensation of his suit for specific performance has
already been dismissed.

Q No.13- (Section ___) What are the different ways in which the Court may grant relief
against mistake or fraud?
Ans:
1. It may order specific performance with a variation.
2. It may order rectification, cancellation of instrument or recession of contract.
3. It may refuse to specific performance of the contract if the assent was obtained by
misrepresentation.

Q No.14- (Section ___) What is meant by rectification of instrument?

Ans: Rectification means correction of an error in an instrument to give effect to the real
intention of the parties, where a contract has been reduced into writing and the writing
covering to fraud or mutual mistake fails to express real intentions of the parties the
Court will rectify the written instrument according to with their true intention.

Q No.15- (Section ___) Difference between specific performance in variation and

rectification of instrument?
Ans: The remedy of specific performance with variation is available where fraud or
mistake goes to the root of the agreement, vitiates the contract itself a valid contract but
the writing has failed to express the intention either from fraud or mutual mistake.

Q No.16- (Section ___) When rectification can be ordered?

Ans: It can not be ordered when the Court is satisfied that the real intention of the parties
is expressly clear, if the language of the instrument is ambiguity, the Court shall enquire
into the matter.
The court can not order the rectification after the institution of the suit and the prayer has
been made.
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Q No.17- (Section 35) What is the rescission of contracts? Under what circumstances the
Court will adjudge rescission of a contract?
Ans: Rescission means putting an end to a contract and making it null and void ab-initio.
It is not applicable to void contracts but contract which is avoidable.

When rescission may be adjudged:-

Under Section 35 SRA, any person interested in a contract (in writing) may sue to have
rescissionded and such rescission may be adjudged in the following cases:
➢ Where the contract is voidable or terminable by the plaintiff.
➢ Where the contract is unlawful for causes not apparent on its face when the
defendant is more to blame than the plaintiff.
➢ Where a decree for specific performance of a contract of sale or a contract to fake
a lease has been made and the purchaser or lessee makes default in payment of
purchaser money or sums which the Court has ordered him to pay.

Q No.18- (Section ___) State the circumstances under which relief of rescission may not
be granted?
Ans: 1. Where a contract had become revocable.
2. Where a rescission has become impossible due to loss or destruction of the object of
the contract.
3. Where rescission is inequitable.
4. An election to abide the contract will prevent its rescission.
5. A person who seeks rescission and thereby restitution to his estate before the contract
must do like on his part undue restitution.

Q No.19- (Section ___) Distinguish between cancellation and rescission?

Ans: Rescission means putting an end to contract which is still operative and making it
null and void ab-initio while cancellation of a document does not necessarily imply that it
is operative and it is made to appear on the face of that it is invalid.

Rescission is confined to contract on the other hand cancellation applies to other

instruments i.e gifts and wills.

Unlike rescission, cancellation requires that there should be a reasonable apprehension of

serious injury of the document left be outstanding.

Rescission is applicable only when the contract is voidable, null on the face of it but
cancellation applies to both void and voidable instruments.

Q No.20- (Section 39) Under what circumstances can a person sue for cancellation of an
instrument, which instrument may be partially cancelled?
Ans: Section 39 of SRA lays down that any persons against whom a written instrument is
void or voidable, who has a reasonable apprehension that such instrument if left
outstanding may cause him serious injury and order it to be delivered and cancelled.

Partial cancellation:- Where an instrument is evidence of different rights and different

obligations the Court may in proper cases cancel it in part and allow it to stand for the
residence.

Q No.21- (Section 42) What is a declaratory decree?

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Ans: A declaratory decree is a mode of relief where there is no specific performance and
no award of compensation. There is only a declaration of rights of parties without any
consequential relief which can be enforced by the execution of the decree.

The declaration does not confer any new rights upon the plaintiff it merely declares what
he had before.

Negative declaration:- It can be granted on the principle that what can be done directly
can also be justified if done indirectly, such declaration must however also be one
affecting some threatened injury or infringement of plaintiff right.

Q No.22- (Section __) When the Court may refuse to grant declaratory decree?
Ans: 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.

Essential requisites for declaratory action:-

1. The plaintiff must be entitled to any legal character or right to property.
2. The character or right must be a legal one.
3. the defendant should have denied being entrusted in denying the character of title of
the plaintiff. It is thus denial which gives a cause of action for the declaratory decree.
4. The plaintiff is not in a position to claim further relief except declaration.

Note:- Legal Character:- Legal character or statues denotes character of status conferred
by law and not one created by contract.

Q No.23- (Section ___) What is consequential relief?

Ans: Consequential relief is those which are generally combined with and follow from
the declaration of rights and were in the party against whom it is granted is required to
perform some act in satisfaction or furtherance of the declaration of the rights of the
parties thus where a plaintiff is out of possession he should pray for a declaration that the
property belongs to him and should pay further for a consequential relief that the
possession may be delivered to him.

Q No.24- (Section 52) What is preventive relief?

Ans: According to section 6 of SRA, specific relief given by preventing a party from
doing that which he is under an obligation not to do is called preventive relief.

How Granted:- U/s 52 of this act, preventive relief is at the discretion of the Court
granted by injunction, which may be either temporary or permanent.

Different between preventive relief and specific relief:-

Specific performance is directed to the compelling performance of active duty while
preventive relief is directed to present the violation of negative one i.e. one restrained to
do a certain act.

The remedy of specific performance deals in the main only with the contract while
preventive relief having to do with negative duties deals not only with the contracts but
also with torts and with many other subjects.

Q No.25- (Section ___) Define and classify injunction, distinguish between Mandatory
and Prohibitory injunction?
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Ans: An injunction is a specific order of the Court forbidding the commission of wrong
threatened or the continuance of a wrongful course of action already began or in some
case when it is called mandatory injunction commanding active restitution of the former
state of thing.

An injunction is a judicial process whereby a party is ordered to refrain from doing to do

a particular act or a thing.

Classification:-
1. Prohibitory,
2. Mandatory according to their operation they may be temporary or permanent.

Difference between Mandatory or Prohibitory injunctions:-

1. Mandatory injunction calls upon a person to do some positive act while
prohibitory one is restrictive.
2. A mandatory injunction is awarded where a temporary injunction is meaningless.

Q No.26- (Section ___) Define permanent and temporary injunction and distinguish them
clearly?
Ans: A temporary injunction is granted at any time after the commencement of the suit, a
perpetual injunction can be granted only after the plaintiff has established his right to it at
the trial.

A temporary injunction is passed by order while a perpetual injunction can only be

granted by a decree.

Perpetual injunction is a final determination of the rights of the parties and restrains the
defendant forever from doing the act complained while temporary injunction lasts till the
pending of the suit.

The object of a temporary injunction is to preserve the property in dispute in the status
quo whereas that of the perpetual one is to give effect to and protect the plaintiff’s right.

Temporary injunctions are regulated by CPC, perpetual injunctions by Section 55 to 57 of

SRA.

Q No.27- (Section 54) When perpetual injunction granted?

Ans: A perpetual injunction may at the discretion of the Court be granted U/s 54 of SRA
to prevent the breach of an obligation existing in favour of plaintiff whether expressly or
by implication, such an obligation may either arise out of a contract or otherwise, when
such an obligation arises of a contract, the Court be guided by the rules and provision
contained in section 12 to 29 of SRA.

Q No.28- (Section 56) When injunction may be refused?

Ans: Injunction when refused:-
1. To stay a judicial proceeding pending at the institution of the suit in which the
injunction is sought, unless such restrained is necessary to prevent a multiplicity
of proceeding.
2. To stay proceedings in a Court not subordinate to that from which the injunction
is sought.
3. To restrain persons from applying to any legislative body.
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4. To interfere with the public duties of any department of (the central government,
or any provincial government) or with the sovereign act of a foreign government.
5. To stay proceedings in any criminal matter.
6. To prevent the breach of a contract the performance of which could not
specifically enforce.
7. 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 a continuing breach in which the applicant has acquiesced.
9. When equally efficacious relief can certainly be obtained by any other usual mode
of proceeding except in case of breach of trust.
10. When the conduct of the applicant or his agents has been such as to disentitle him
to the assistance of the Court.
11. Where the applicant has no personal interest in the matter.