(47 of 1963)
Relief in relation to or for the purposes of law; means the remedy which is granted to suitors by courts of juristic. The two important divisions of relief relevant to the subject under English law are legal relief and equitable relief. Legal relief means and includes all those reliefs which were formerly available through the common law courts while equitable relief means and include such reliefs which were formerly available only in courts of equity. In India, equitable relief is commonly known as specific relief and while there is no synonym of its counterpart or legal relief it is generally understood to be and may be termed as compensatory relief.
The Specific Relief Act provides for specific relief. Specific relief means relief of a certain species i.e. an exact or particular a named, fixed or determined relief. The term is generally understood as providing specific relief of specific kind rather than general relief of damages or compensation. Specific relief, as a form of judicial redress, belongs to the law of procedure, and in a body of written law arranged according to natural affinities of the subject-matter would find its place as a distinct part or other division of Code of Civil Procedure. It is, therefore, not surprising that it has limited scope of common law remedies of middle ages.
In order to provide reliefs in cases relating to contracts, torts and other cases Specific Relief Act, 1877 was enacted. This legislation had become necessary because Indian Contract Act, 1872 provided only the relief of compensation in case of breach of contract. It was found that there might be situations wherein the grant of compensation would not afford adequate relief and only specific performance of the contract would render justice and provide adequate relief.
With a view to adopt the law in accordance with the changing times and circumstances, the law was amended and a new Act, namely Specific Relief
Act, 1963 was enacted by the Parliament. As it is clear from the Preamble of the Act, it is "An Act to define and amend the law relating to certain kinds of specific relief" on this subject a Bill was introduced on December 23, 1960 in the Lok Sabha but it lapsed. Thereafter a second Bill was introduced and this time the Bill was passed and thus Specific Relief Act, was enacted. This Act came into force on March 1, 1964.
Specific Relief means relief in species. The object of the Specific relief is confined to that class of remedies by which a suitor seeks to obtain and a court of justice seeks to give him the very relief to which he is entitled. Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing penal law. Thus, an injunction cannot be granted to restrain a person from committing a theft or murder. This is because specific relief is a purely civil remedy. The prevention and punishment of crime are the province of criminal law.
Specific relief as a farm of judicial redress, belong to the law of procedure, and is a body of written law arranged according to natural affinities of the subject matter would find its place as a distinct part or other division of CPC.
(1) This Act may be called the Specific Relief Act, 1963.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,-
(a) "Obligation" includes every duty enforceable by law;
Municipal Corporation Chandigarh v. Shanti Investment Pvt. (Ltd.) etc., MANU/SC/8077/2006 : AIR 2006 SC 1270: it has been held by the Supreme Court that where there is no specific promise on the part of the Administration that providing of facilities shall be condition precedent, there shall be no obligation. Section 2(a) of Specific Relief Act, 1963 says that obligation includes every duty enforceable by law.
(b) "Settlement" means an instrument other than a Will or Codicil as defined by the Indian Succession Act, 1925 (39 of 1925) whereby the destination or devolution of successive interests movable or immovable property is disposed of or is agreed to be disposed of;
(c) "Trust" has the same meaning as in section 3 of the Indian Trusts Act, 1882 (2 of 1882), and includes an obligation in the nature of a trust within the meaning of Chapter IX of that Act;
Section 3 of Indian Trusts Act, 1882 defines "trust" as an obligation annexed to the ownership of property and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him for the benefit of another, or of another and the owner.
(d) "Trustee" includes every person holding property in trust;
The Specific Relief Act, 1963 does not contain illustrations. But the illustrations given in the repealed specific Relief Act, 1877 are relevant and correct even today and are referred. It will be relevant here to refer the illustrations of section 3 of Act of 1877 which corresponds to present section 2. They are-
(a) Z bequeaths land to A, "not doubting that A will pay there-out an annuity of Rs. 1000 to B for his life." A accepts the bequest. A is a trustee, within the meaning of this Act. For B, to the extent of the annuity.
(b) A is the legal, medical or spritual advise of B. By availing himself of his situations as such advises. A gains some pecuniary advantage which might otherwise have accrued to B. A is a trustee to B within the meaning of this Act of such advantage.
(c) A being 'B's Banker, discloses for his purpose the state of B's accounts A is a trustee within the meaning of this Act, for B for the benefit gained by him by means of such disclosure.
(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.
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, on documents.
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.
Illustration
(a) A buy certain land with notice that B has already contracted to buy it. A is a trustee, within the meaning of this Act for B of the land so bought.
(b) A buy land from B, having notice that C is in occupation of land. A omits to make an enquiry as to the nature of C's interest therein. A is a trustee, within the meaning of this Act, for C, to the extent of that interest.
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