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The Specific Relief Act, 1963: page 12

The Specific Relief Act, 1963, India Code delivered snapshot 6785305b261cbbde, physical page 12. Unreviewed extraction.

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     (4) No relief for the rectification of an instrument shall be granted to any party under this section unless
it has been specifically claimed:
     Provided that where a party has not claimed any such relief in his pleading, the court shall, at any stage
of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim.
                                                CHAPTER IV
                                         RESCISSION OF CONTRACTS
    27. When rescission may be adjudged or refused.—(1) 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to have it rescinded, and such rescission may be adjudged by the court in any of the following cases,
namely:—
        (a) where the contract is voidable or terminable by the plaintiff;
        (b) where the contract is unlawful for causes not apparent on its face and the defendant is more to
    blame than the plaintiff.
    (2) Notwithstanding anything contained in sub-section (1), the court may refuse to rescind the
contract—
        (a) where the plaintiff has expressly or impliedly ratified the contract; or
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         (b) where, owing to the change of circumstances which has taken place since the making of the
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    contract (not being due to any act of the defendant himself), the parties cannot be substantially restored
    to the position in which they stood when the contract was made; or
                                                            aC
        (c) where third parties have, during the subsistence of the contract, acquired rights in good faith
    without notice and for value; or
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        (d) where only a part of the contract is sought to be rescinded and such part is not severable from
    the rest of the contract.                    In
    Explanation.—In this section “contract” in relation to the territories to which the Transfer of Property
Act, 1882 (4 of 1882), does not extend, means a contract in writing.
     28. Rescission in certain circumstances of contracts for the sale or lease of immovable property,
the specific performance of which has been decreed.—(1) Where in any suit a decree for specific
performance of a contract for the sale or lease of immovable property has been made and the purchaser or
lessee does not, within the period allowed by the decree or such further period as the court may allow, pay
the purchase money or other sum which the court has ordered him to pay, the vendor or lessor may apply
in the same suit in which the decree is made, to have the contract rescinded and on such application the
court may, by order, rescind the contract either so far as regards the party in default or altogether, as the
justice of the case may require.
    (2) Where a contract is rescinded under sub-section (1), the court—
        (a) shall direct the purchaser or the lessee, if he has obtained possession of the property under the
    contract, to restore such possession to the vendor or lessor, and
        (b) may direct payment to the vendor or lessor of all the rents and profits which have accrued in
    respect of the property from the date on which possession was so obtained by the purchaser or lessee
    until restoration of possession to the vendor or lessor, and, if the justice of the case so requires, the
    refund of any sum paid by the vendee or the lessee as earnest money or deposit in connection with the
    contract.
     (3) If the purchase or lessee pays the purchase money or other sum which he is ordered to pay under
the decree within the period referred to in sub-section (1), the court may, on application made in the same
suit, award the purchaser or lessee such further relief as he may be entitled to, including in appropriate cases
all or any of the following reliefs, namely:—
        (a) the execution of a proper conveyance or lease by the vendor or lessor;


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