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SPECIFIC RELIEF

BY,SAJ KUMAR R C

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SPECIFIC RELIEF ACT, 1963

An Indian legislation enacted bythe Parliament of India which takes care of alarge number of remedial aspects of law.

Came in the replacement of the earlier Act of1877

Mission is to assure that whenever there is awrong there must be a remedy.

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THE GENESIS OF SPECIFIC RELIEF

BREACH OFCONTRACT

DAMAGEINDIAN

CONTRACT ACT

SPECIFIC

PERFORMANCE

SPECIFIC

RELIEF ACT

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KINDS OF SPECIFIC RELIEF

Recovery of possession of property, movableand immovable

Declaratory decrees

Rectification of instruments

Rescission of contracts

Cancellation of instruments Injunctions

Specific performance of contracts

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Recovery of possession of

movable property: Specific and immediate recovery of movable

property can be obtained by the plaintiff

when the defendant holds it as a trustee oragent of the plaintiff or

when compensation is not an adequate relief or

when assessment of damages is difficult

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Recovery of possession of

immoveable property:

Where a person in possession of

immoveable property is dispossessedwithout his consent and otherwise than indue course of law, he is entitled to recoverpossession if he comes to court within 6

months.

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Declaratory decree

specific relief that can be obtained by theplaintiff against the defendant

when the plaintiff is entitled to any right and

the defendant denies or is interested to denythe plaintiffstitle to such right.

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Rectification of Contract

Rectification of a contract or instrument which doesnot represent the actual intention of the partiesbecause of fraud or mutual mistake can be ordered

to be rectified by the court at the instance of eitherparties to the agreement.

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Rescission of Contract

When a party to a contract has refused to perform, ordisabled himself from performing, his promise in itsentirely the promisee may put an end to the contract,

unless he has signifies by word or conduct hisacquiescence in its continuance

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Cancellation of an

instrument Cancellation of instrument can be sought by the

plaintiff if the agreement is void or voidable and hehas an apprehension that if it is left outstanding, it

may cause him serious injury.

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Injunction

An order of Court to restrain the doing, continuance orrepetition of some wrongful conduct which is against thecontract.

Condition precedents for the grant of an injunction:

The Plaintiff must have interest to protect;

Damages must be shown not to be adequate remedy i.e.the Plaintiff will suffer irreparable harm if the injunction is

not granted;

That is dangerunless restrained, the Defendant will breach the contract or continue with

the breach

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Specific Performance of

ContractsThe specific performance of any contract may in

the discretion of the court be enforced:

Agreed to be done is in the performance, wholly orpartly, of a trust:

Compensation in money is not an adequate remedy

No standard for ascertaining actual damage

Pecuniary compensation cannot be got for the non-performance

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