All about Specific Relief Act,1963 By: Nihal Chhetri

August 4,2018:

The Author, Nihal Chhetri is a 1st year student of University Law College, Gauhati University. He is currently interning with LatestLaws.com.

Introduction

The Specific Relief Act 1963 was enacted by the Parliament and it came into force on March 1, 1964. The present Specific Relief Act, 1963 is an amended form of the former Specific Relief Act 1877 which was repealed by Section 44 of the present Act.The Act has been modified, amended or changed or new provisions have been added. The Act was enacted in order to provide reliefs in cases relating to contracts, torts and other cases.

Q1. Why was the enactment of this Act Necessary? 

Ans. This legislation has been necessary because Indian Contract Act, 1872 provides only the relief of compensation in the case of breach of contract. It was found that there might be situations wherein grant of compensation would not afford adequate relief and only specific performance of the contract would render justice and provide adequate relief.

Q2. Whether this Act applicable to all over India?

Ans. Presently the Specific Relief Act, 1963, is applicable to all over India except state of Jammu & Kashmir because the act has not been implemented by the government of J&k yet.

Q3. What is specific performance of the contract?

Ans. The specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act i.e. it means performing the contract as per the terms and conditions agreed between the parties rather than payment of damages or compensation for the non performance of the contract .

Q4. What are the cases in which specific performance of the contract is enforceable?

Ans. The specific performance of the any contract make in the discretion of the court is enforced when

1. There is no standard for ascertaining actual damage caused by the non performance of the act which is agreed to be done
2. Where the compensation in money for its non performance would not afford adequate relief

Q5. Who can obtain specific performance?

Ans. The persons who can obtain specific performance are

1. Any party to the contract may obtain specific performance of the contract
2. A representative in interest may also obtain specific performance of the contract which includes assignees, transferees or any legal representative
3. A beneficiary under the contract may obtain specific performance

Q6. Who cannot obtain specific performance?

Ans.  The persons who cannot obtain specific performance

1. A person who could not be entitled to recover compensation for the breach of a contract cannot specifically enforce the contract
2. Any person who becomes incapable of performing the contract or acts in fraud of the contract cannot enforce specific performance of the contract
3. Any person who fails to prove that he has performed his part of the contract cannot claim specific performance.

Q7. Who can grant specific performance of contract?

       Ans. The court’s power to grant specific performance is discretionary and based on justice equity  and good conscience.