Section 21, 22, 23, 24 and 25 of Specific Relief Act 1963

 

Section 21. Power to award compensation in certain cases

(1) In a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach [in addition to] such performance.

(2) If, in any such suit, the court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant, and that the plaintiff is entitled to compensation for that breach, it shall award him such compensation accordingly.

(3) If, in any such suit, the court decides that specific performance ought to be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly.

(4) In determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the Indian Contract Act, 1872 (9 of 1872).

(5) No compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint:

Provided that where the plaintiff has not claimed any such compensation in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just, for including a claim for such compensation.

Explanation.-The circumstances that the contract has become incapable of specific performance does not preclude the court from exercising the jurisdiction conferred by this.

 

Section 22. Power to grant relief for possession, partition, refund of earnest money, etc.

(1)Notwithstanding anything to the contrary contained in the Code of Civil Procedure,1908 (5 of 1908), any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for-

(a) possession, or partition and separate possession, of the property in addition to such
performance; or

(b) any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or [made by] him, in case his claim for specific performance is refused.

(2) No relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it has been specifically claimed:

Provident that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief.

(3) The power of the court to grant relief under clause (b) of sub-section (1) shall be without prejudice to its powers to award compensation under section 21.

 

Section 23. Liquidation of damages not a bar to specific performance

(1) A contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in it as the amount to be paid in case of its breach and the party in default is willing to pay the same, if the court, having regard to the terms of the contract and other attending circumstances, is satisfied that the sum was named only for the purpose of securing performance of the contract and not for the purpose of giving to the party in default an option of paying money in lieu of specific performance.

(2) When enforcing specific performance under this section, the court shall not also decree payment of the sum so named in the contract.

 

Section 24. Bar of suit for compensation for breach after dismissal of suit for specific performance

The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff's right to sue for compensation for the breach of such contract or part, as the case may be, but shall not bar his right to sue for any other relief to which he may be entitled, by reason of such breach.

 

ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS


Section 25. Application of preceding sections to certain awards and testamentary directions to execute settlements.

The provisions of this Chapter as to contracts shall apply to awards to which the Arbitration and Conciliation Act, 1996 (26 of 1996), does not apply and to directions in a will or codicil to execute a particular settlement. 

 

Specific Relief Act 1963

Section 2, 3, 4 of Specific Relief Act

Section 5, 6, 7, 8 of Specific Relief Act

Section 9, 10, 11, 12 of Specific Relief Act

Section 13 of Specific Relief Act

Section 14, 14A, 15 and 16 of SR Act

Section 17, 18, 19 of Specific Relief Act

Section 20, 20A, 20B, 20C SR Act

Section 21, 22, 23, 24, 25 SR Act

Section 26 of Specific Relief Act

Section 27, 28, 29, 30 of SR Act

Section 31, 32, 33 of Specific Relief Act

Section 34, 35 of Specific Relief Act

Section 36, 37 of Specific Relief Act

Section 38, 39, 40, 41, 42 SR Act

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