Civil Law - The Specific Relief Act, 1963 - Section 5 - Recovery of specific immovable property

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Civil Law
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The Specific Relief Act, 1963
Section 1-44

Section 1

Short title, extent and commencement

Section 2

Definitions

Section 3

Savings

Section 4

Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws

Section 5

Recovery of specific immovable property

Section 6

Suit by person dispossessed of immovable property

Section 7

Recovery of specific movable property

Section 8

Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession

Section 9

Defences respecting suits for relief based on contract

Section 10

Cases in which specific performance of contract enforceable

Section 11

Cases in which specific performance of contracts connected with trusts enforceable

Section 12

Specific performance of part of contract

Section 13

Rights of purchaser or lessee against person with no title or imperfect title

Section 14

Contracts not specifically enforceable

Section 15

Who may obtain specific performance

Section 16

Personal bars to relief

Section 17

Contract to sell or let property by one who has no title, not specifically enforceable

Section 18

Non-enforcement except with variation

Section 19

Relief against parties and persons claiming under them by subsequent title

Section 20

Discretion as to decreeing specific performance

Section 21

Power to award compensation in certain cases

Section 22

Power to grant relief for possession, partition, refund of earnest money, etc

Section 23

Liquidation of damages not a bar to specific performance

Section 24

Bar of suit for compensation for breach after dismissal of suit for specific performance

Section 25

Application of preceding sections to certain awards and testamentary directions to execute settlements

Section 26

When instrument may be rectified

Section 27

When rescission may be adjudged or refused

Section 28

Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed

Section 29

Alternative prayer for rescission in suit for specific performance

Section 30

Court may require parties rescinding to do equity

Section 31

When cancellation may be ordered

Section 32

What instruments may be partially cancelled

Section 33

Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable

Section 34

Discretion of court as to declaration of status or right

Section 35

Effect of declaration

Section 36

Preventive relief how granted

Section 37

Temporary and perpetual injunctions

Section 38

Perpetual injunction when granted

Section 39

Mandatory injunctions

Section 40

Damages in lieu of, or in addition to, injunction

Section 41

Injunction when refused

Section 42

Injunction to perform negative agreement

Section 43

Repealed

Section 44

Repeal

Section 5- Recovery of specific immovable property

A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).

The Specific Relief Act, 1963

Section(s)

1 - 44

Judgement(s) Found in :
The Specific Relief Act, 1963
Section 5

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