The Specific Relief Act, 1963

Act No. 47

13-Dec-1963

Section 1 — Short title, extent and commencement

1. Short title, extent and commencement .

(1)This Act may be called the Specific Relief Act, 1963.

(2)It extends to the whole of India 1[***].

(3)It shall come into force on such date2 as the Central Government may, b y notification in the Official Gazette, appoint.

Section 2 — Definitions

2. Definitions .-In this Act, unless the context otherwise requires, -

(a)“obligation ” includes every duty enforceable by law;

(b)“settlement ” means an instrument (other than a will or codicil as defined by the Indian Succession Act, 1925 (39 of 1925 ), whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of;

(c)“trust” has the same meaning as in section 3 of the Indian Trusts Act, 1882 (2 of 1882) , and includes an o bligation in the nature of a trust within the meaning of Chapter IX of that Act;

(d)“trustee ” includes every per son holding property in trust;

(e)all other words and expression s used herein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872) , have the meanings respectively assigned to them in that Act.

Section 3 — Savings

3. Savings .-Except as otherwise provided herein, nothing in this Act shall be deemed -

(a)to deprive any person of any right to relief, other than specific performance, which he ma y have under any contract; or

(b)to affect the operation of the Indian Registration Act, 1908 (16 of 1908) , on documents.

Section 4 — Specific relief to be granted only for enforcing individual civil rights and not for enforcing

4. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws .-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. PART II SPECIFIC RELIEF

Section 5 — Recovery of specific immovable property

5. Recovery of specific immovable property .-A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908) .

Section 6 — Suit by person dispossessed of immovable property

6. Suit by person dispossessed of immovable property .