Specific relief is the
contribution of equity court. Specific relief is one, which gives order to a
person to perform his duty according to his responsibility on the application
of aggrieved person.
It is the remedy, which aims
at the exact fulfillment of an obligation.
There has many legal rights
of citizens, if these violates, losses cannot be fill up by money. In this
case, specific relief is applicable.
So, we can say that specific
relief means such relief which an aggrieved party entitled to get specifically
under this Act.
Specific relief and Equity:
We know that specific relief
is an equitable relief. Specific relief Act follows the maxims of equity in
case of giving remedy:-
1. He who seeks equity must
do equity.
2. He who comes to equity
must come with clean hands.
3. Delay defects equity.
That means if a person wants
remedy under specific relief Act he must have equity and have bonafide intention.
Example: A dispossessed B from his land without followed due
process of law. Then, if A file a suit against B for declaration of title, he
will not get remedy under specific relief Act.
To get remedy under specific
relief a person must come into court within prescribed time in the Act.
Otherwise, he will not get remedy.
Example: A person will not get remedy under section 9 of the
specific relief Act if he comes into court after expired of 6 months of cause
of action arose.
What specific relief and equitable relief are
available under specific relief Act?
Specific
reliefs under specific relief Act are given below:-
1. Recovery of specific
immoveable property.
2. Recovery of immoveable
property by dispossessed person.
3. Specific performance of
contract.
4. Ractification of
instruments.
5. Rescission of contracts.
6. Cancellation of
instruments.
7. Declaration of title.
8. Appointment of receiver.
9. Issuing injunctions.
Equitable
remedies under specific relief Act are given below:-
1. Specific performance.
2. Delivery up and
cancellation of instruments.
3. Rescission of contracts.
4. Rectification of
instruments.
5. Issuing injunctions.
6. Appointment of receivers.
How can specific relief given:
According to section 5 of
specific relief Act how specific relief given are mentioned below:-
1. By taking
possession of certain property and delivering it to a claimant.
2. By
ordering a party to do the very act which he is under an obligation to do.
3. By
preventing a party from doing that which he is under an obligation not to do.
4. By
determining and declaring the rights of parties otherwise by an award of
compensation, or
5. By
appointing a receiver.
Distinction between section 8 and 9 of specific relief
Act: are given below:-
1. In section
8 plaintiff is real owner of the property. On the other hand, in section 9
plaintiff is the possessor of the property.
2. Under
section 8 suit can be filed within 12 years. On the other hand, under section 9
suit can be filed within 6 months.
3. Section
42 being added with 8 in suit. On the other hand, with section 9 no section
being added.
4. In
section 8 plaintiff have to proof ownership or title. If he fails to proof
title or ownership, he will not get decree and suit will dismiss.
On the other hand, in section
9 plaintiff no need to proof ownership or title.
5. Under
section 8 suit can file against government. On the other hand, under section 9
suit can not file against government.
6. Appeal
and review is allowed against decree under section 8.On the other hand, no
appeal or review allowed against decree under section 9.
Essentials for suit under section 9 which plaintiff
have to proof:
In a suit under section 9 the
plaintiff is to prove:-
1. That he
was in possession.
2. That he
has been dispossessed and be deprived of actual possession of land.
3. That the
dispossession took place without his consent.
4. That it
was done otherwise than due process of law.
5. That the
dispossession took place within 6 months before file suit under section 9.
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