Full physical source page · unreviewed extraction

The Specific Relief Act, 1963: page 4

The Specific Relief Act, 1963, India Code delivered snapshot 6785305b261cbbde, physical page 4. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:07:36Z. SHA-256 6785305b261cbbde103f8e68b6ace98dabc7a180b1eb621c94fa20186420939a.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

                                      THE SPECIFIC RELIEF ACT, 1963
                                                ACT NO. 47 OF 1963
                                                                                               [13th December, 1963.]
An Act to define and amend the law relating to certain kinds of specific relief.
    BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follow:—


                                                        PART I
                                                     PRELIMINARY
    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, by notification in the
Official Gazette, appoint.
    2. Definitions.—In this Act, unless the context otherwise requires,—
         (a) “obligation” includes every duty enforceable by law;
                                                                             e
       (b) “settlement” means an instrument (other than a will or codicil as defined by the Indian
                                                                      od
    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;
                                                                aC
        (c) “trust” has the same meaning as in section 3 of the Indian Trusts Act, 1882 (2 of 1882), and
                                                          di
    includes an obligation in the nature of a trust within the meaning of Chapter IX of that Act;
                                                     In
         (d) “trustee” includes every person holding property in trust;
        (e) all other words and expressions 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.
    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 may have
    under any contract; or
         (b) to affect the operation of the Indian Registration Act, 1908 (16 of 1908), on documents.
    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
                                                    CHAPTER I
                                      RECOVERING POSSESSION OF 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).
    6. Suit by person dispossessed of immovable property.—(1) If any person is dispossessed without
his consent of immovable property otherwise than in due course of law, he or any person 3[through whom

1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and 96 and the Fifth Schedule
   (w.e.f. 31-10-2019).
2. 1st March, 1964, vide notification No. S.O. 189, dated 13th January, 1964, see Gazette of India, Extraordinary, Part II,
   sec. 3(ii).
3. Ins. by Act 18 of 2018, s. 2 (w.e.f. 1-10-2018).

                                                            4

Compare original page image