Commentary on The Specific Relief Act, 1963

Latest Case Law Included:

Matters Relating to Specific Performance of Contract, Balbir Singh & Ors. v. Baldev Singh (D) through His Lrs & Ors., MANU/SC/0079/2025: 2025 INSC 81.

S.34 Declaratory suit-Dismissal of-Challenge against-Plaintiff's case was based on oral partition-Suit of plaintiff was dismissed, Rajendhiran v. Muthaiammal alias Muthayee, AIR 2024 SC 282.
S.34-Limitation Act (36 of 1963), S.27, Art.58, Art.65-Suit for declaration of title-Limitation-Settler had executed settlement deed granting rights in her property to her two sons for their lifetime and thereafter to her two daughters-Though it was pleaded that the second settlement deed was invalid-Hence it was barred by limitation, Vasantha (Dead) Thr. Lr. v. Rajalakshmi alias Rajam (Dead) Thr. Lrs., AIR Online 2024 SC 92.

S.38 Suit for permanent injunction-Restraining defendants from interfering and disturbing peaceful possession of plaintiff over suit land- Plaintiff failed to prove her possession of suit land-Plaintiff not entitled to relief of permanent injunction, Purnabasi Panigrahy v. Manoranjan Patra, AIROnline 2024 Ori. 74.

S.38, S.41-Relief of permanent injunction-Entitlement-Ceiling proceedings established that suit property had fallen into share of predecessor-in-interest of plaintiffs in view of partition and other suit property was independently acquired by him-Defendants were party to ceiling proceedings-Plaintiffs were entitled to relief of permanent injunction, Lakshman Naik v. Purni Naikani, AIROnline 2024 Ori. 335.
S.39-Kerala Building (Lease and Rent Control) Act (2 of 1965), S.11-Suit for mandatory injunction-Maintainability-Plaintiff sought direction to defendant to surrender vacant possession of shop room to plaintiff-Suit for mandatory injunction, maintainable, G. Bhaskaran v. Simhanatha Bhagavathy Devaswom Tharekkad, Palakkad, AIROnline 2024 Ker. 34.

S.40-Civil P.C. (5 of 1908), S.100-Suit for damages-Second appeal-No evidence was led by plaintiff to show ownership, title and interest-Subordinate courts rightly concluded that relief sought cannot be granted-Since, no substantial question of law arose for consideration, the second appeal was dismissed, Kumar v. Raghavendra Kamath, AIROnline 2024 Kar. 538.