specific performance act

 SPECIFIC PERFORMANCE ACT

1.       WHERE THE Aggrieved party can be adequately compensated in money, he will get only a decree for damages and not any specific performance – TRUE,

2.       where there is no standard for ascertaining damages then specific performance is given.

3.       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. Which provision beings in such prohibition – sec 4, SR ACT

4.       Under sec 41 [ injunction ] of the specific relief act, an injunction cannot be granted --- to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that court from which injunction is sought; to restrain any person reporting to any legislative body, to restrain any person from instituting any penal proceeding or prosecuting any proceeding in a criminal matter against petitioner.  

5.       Specific performance fo contract can be ordered, at discretion of court – when the act agreed to be done is such that compensation in money for non-performance will not give sufficient relief

6.       Under sec 9 SRA [ specific performance of contracts ] , the person against whom the relief is clamed may plead by way of defense any ground which is available to him --- under any law related to contracts

7.       Performance of continuous duty which court cannot supervise, then specific relief is not granted

8.       Law based on equity is specific relief act 1963

9.       Sec 6 of SRA states thus : if any person is dispossessed without his consent of immovable property oter wise than in due course of law, he by suit  recover possession thereof not with standing any other titile that may  e set up in such siuit

10.   As per sra identify the situation wherein any person interested in a contract may sue to have it rescinded and such rescission may be adjudged by the court – where the contrat is voidable or terminable by this plaintiff, where the contract is unlawful for causes not apparent ion it face and defendant is more to blame than the plaintiff

11.   As per sec 5, 6 sra, a person entitled to the possession of specific immovable property may recover it in the manner provided in CPC

12.   Declaratory decree under SRA is under sec 34 SRA and is discretionary in nature

13.   A suit under sec 6 SRA can be brought by a TENANT HOLDING OVER 

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