Delhi Law House Anand & Iyer’s Commentary on The Specific Relief Act, 1963 Set 2 Vols Edition 2022

Description

Delhi Law House Anand & Iyer’s Commentary on The Specific Relief Act, 1963 Set 2 Vols Edition 2022

Anand & lyer’s Commentary on Law of Specific Relief is widely acclaimed and retained authority on the topic in hand. Last edition of the instant book has been well read and appreciated by our esteemed readers. Now, just to cater the cause of the legal fraternity, it has been felt necessary to update the existing treatise, and, especially in order to consolidate and incorprate the latest developments as have been taken place in the field of law concerned. Our methodology behind the revision work is to cull out the relevant cases, rationise them and place them in easily assimilable form. Though the Act widens the spheres of the Civil Court, its Preamble shows that the Act is not exhaustive of all kinds of specific reliefs. However, the Act is not restricted to specific performance of contracts as the statute governs powers of the Court in granting specific reliefs in a variety of fields. Even so, the instant Act does not cover all specific reliefs as conceivable. The object of the Specific Relief Act is confined to that class of remedies which a Suitor seeks to obtain and a Court of Law seeks to provide him the very relief to which he is entitled.

Contents

Introduction
Preamble
Part I
Preliminary
Section 1 : Short Title,Extent and Commencement
Section 2 : Definitions
Section 3 : Savings
Section 4 : Specific Relief to be Granted only for enforcing Individual Civil rights and not for Enforcing Penal Laws
Part II
Specific Relief
Chapter I
Recovery Possession of Property
Section 5 : Recovery of Specific Immovable Property
Section 6 : Suits by Person Dispossessed of Immovable Property
Section 7 : Recovery of Specific Movable Property
Section 8 : Liability of Person in Posession, not as Owner to Deliver to Persons Entitled to Immediate Possession
Chapter II
Specific Performance of Contracts
Section 9  : Defences Respecting Suits for Relief Based on Contract
Section 10 : Cases in which Specific Performance of Contract enforceable
Section 11 : Cases in which Specific performance of Contracts Connected with Trusts Enforceable
Section 12 : Specific Performance of Part of Contract
Section 13 : Rights of Purchaser or Lessee against Person with no Title or Imperfect Title
Section 14 : Contracts not Specifically Enforceable
Section 15 : Who May Obtain Specific Performance
Section 16 : Personal Bars to Relief
Section 17 : Contract to Sell or Let Property by one who has title, not Specifically Enforceable
Section 18 : Non-enforcement Except with Variation
Section 19 : Relief against Parties and Persons Claiming under them by Subsequent Title
Section 20 : Discretion as to Decreeing Specific Performance
Section 21 : Power to award Compensation in Certain Cases
Section 22 : Power to Grant Relief for Possession, Partition, Refund of Earnest Money, etc.
Section 23 : Liquidation of Damages not a Bar to Specific Performance
Section 24 : Bar of Suit for Compensation for Breach after dismissal of suits for Specific Performance
Section 25 : Application of Preceding Sections to certain awards and Testamentary directions to Execute Settlements
Chapter III
Rectification of Instruments
Section 26 : When Instrument may be Rectified
Chapter IV
Rescission of Contracts
Section 27 : When Rescission may be Adjudged or Refused
Section 28 : Resecission in Certain Circumstances of Contracts for the Sale or Lease of Immovable
Property, the Specific Performance of which has been Decreed
Section 29 : Alternative Prayer for Rescission in Suit for Specific Performance
Section 30 : Court may Require Parties Rescinding to do Equity
Chapter V
Cancellation of Instruments
Section 31 : When Cancellation may be Ordered
Section 32 : What Instrument may be Partially Cancelled
Section 33 : Power to Require Benefit to be Restored or Compensation to be made when
Instrument is Cancelled or is Successfully Resisted as being Void or Voidable
Chapter VI
Declaratory Decrees
Section 34 : Discretion of Courts as to Declaration of Status or Right
Section 35 : Effect of Declaration
Part III
Chapter VII
Injunctions Generally
Section 36 : Preventive Relief How Granted
Section 37 : Temporary and Perpetual Injunctions
Chapter VIII
Perpetual Injunctions
Section 38 : Perpetual Injunction when Granted
Section 39 : Mandatory Injunction
Section 40 : Damages in Lieu of, or in Addition to, Injunction
Section 41 : Injunction when Refused
Section 42 : Injunction to Perform Negative Agreement
Section 43 : [Repealed by the Repealing and Amending Act, 1974 (56 of 1974)]
Section 44 : [Repealed by the Repealing and Amending Act, 1974 (56 of 1974)]