Specific Relief Act, 1963: Mumbai University LL.B 3 & 5 year course important provisions/Questions

The most important provisions of the Specific Relief Act, 1963, revolve around the primary remedies it offers: recovery of property, specific performance of contracts, declaratory decrees, and injunctions. The Act aims to provide specific remedies where monetary compensation is inadequate. Key provisions include: I. Recovery of Possession of Property This chapter outlines the legal procedures for recovering possession of property. Section 5 (Recovery of specific immovable property): A person with a legal title can recover possession of immovable property through the procedure outlined in the Code of Civil Procedure. Section 6 (Suit by person dispossessed of immovable property): This section offers a quick remedy for someone dispossessed of immovable property without consent and not through legal process. The plaintiff only needs to prove prior possession and wrongful dispossession within six months, not title. This does not apply against the government. Sections 7 & 8 (Recovery of specific movable property): These sections allow recovery of specific movable property, especially when the item is unique or has special value, making monetary compensation insufficient. II. Specific Performance of Contracts Following the 2018 Amendment, specific performance is generally the rule rather than a discretionary remedy. Section 10 (Specific performance in respect of contracts): Courts must enforce specific performance, subject to exceptions.