SPECIFIC RELIEF ACT, 1963: AN INTRODUCTION

Historical Background

          Specific relief is a form of judicial redress. The first Specific Relief Act (SRA) was passed in the year 1877. The Act was originally drafted upon the lines on the draft “New York Civil Code, 1862”. The Act was adapted for the last time by Adaptation Order, 1950. The main provisions of the Act embodied the doctrines evolved by the English Equity Courts, which had previous to the Act been applied in India as principles of equity, justice and good conscience. Though, the Act, on the whole, worked well and initially it was suggested that there is no justification for a separate enactment on “specific relief” and the provisions of this Act should be transferred to the Code of Civil Procedure and other enactments, but a need for separate enactment was felt and hence, the Specific Relief Act, 1963 (SRA) was enacted by the Indian Parliament.

Law Commission

          The SRA 1963 is the product of and is based upon the report of 9^th Report of the Law Commission of India (1958). (Bihar APP-2013)

Nature

          The provisions of the Specific Relief Act (SRA) are based upon the public policy. The law of specific relief is a part of procedural law and the Act is supplementary to the Code of Civil Procedure, 1908 (CPC). (Bihar APP-2013)

Discretionary

          Granting of decree for specific performance is discretionary. (Bihar APP-2013) However, such discretion must be exercised reasonably.

Equitable vs. Compensatory Relief

          Specific relief is an equitable relief and was emanated from the Equity Courts of England and thus, is based upon English Law. The specific relief does not deal with the compensatory relief and under SRA damages is no remedy.

Outlay of the Act

          The whole Act consists of three Parts containing 44 Sections arranged into 8 Chapters. These three parts are as under—

          Besides, the Act is also having a Schedule detailing the category of projects and infrastructure sub-sectors. The said Schedule was inserted by Act 18 of 2018, s. 14 (w.e.f. 1-10-2018).

Object/ Preamble

          The object/ preamble of the SRA is to define and amend the law relating to certain kinds of specific relief.

Not exhaustive

          The preamble of the Specific Relief Act (SRA) provides that the Act is to define and amend the law relating to certain kinds of specific relief. Thus, the Act is not an exhaustive Act as it provides for certain kinds of specific relief.

Enactment/ Enforcement

          The SRA (Act No.47 of 1963) was enacted by the Indian Parliament on 13.12.1963 i.e. in the Fourteenth Year of the Republic of India (Bihar APP-2013). The Act came into force on 1^st March 1964.

          The Act has been recently amended on 01/08/2019 by the Specific Relief (Amendment) Act No.18 of 2018 which came into force on 01/10/2018.

Extent

The SRA extends to the whole of India except the State of Jammu and Kashmir.[1]

Relief granted under the SRA—

1. Recovery of possession of property
2. Specific performance of contract
3. Rectification of instruments
4. Recession of Contracts— Rescission is not strictly a judicial remedy. Right to rescission is not an assignable right. However, in rescission, the document remains operative
5. Cancellation of instrument—In cancellation, unlike rescission, the document is rendered in-operative.
6. Declaratory decrees
7. Injunctions

[1] . [Section 1(2)] of SRA.

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