The Specific relief act was enacted in 1877, this was originally from New York civil code, 1862. After that this act was re-enacted in 1963. The major amendment for this act was done in the year 2018.
Meaning:
It provides relief of specific kind rather than a general relief or damages or compensation. The Basis of specific relief act is “Law of Equality.”
Objectives:
- A relief of certain species
- An exact or particular relief
- A named relief
Remedies under Specific relief act,1963:
Preventive relief /Injunctions:
The main purpose of grant injunction is to prevent future possible injury.
According to Section 36 of SRA,1963 is granted at discretion of the court by injunction temporary or perpetual. Preventive relief is an order or command of the court preventing a party from doing something which he is under a legal duty not to do.
Every person is legally bound not to commit trespass or not to defame a person. Court may issue an injunction preventing a party from committing a trespass or defaming someone.
Union of India vs Amrik Singh:
In this case court held that discretion doesn’t mean that court can act arbitrarily.
Types of Injunctions:
Injunctions are mainly two types but classified into 4 categories.
- Temporary Injunctions [ Section 37(1)] of this act
- Perpetual Injunctions [ Section 37(2)] of this act
- Prohibitory Injunctions [ Section 38] of this act
- Mandatory Injunctions [ Section 39] of this act
Temporary Injunctions [S.37(1)]:
Specified time or until the further order of the court and they may be granted at any stage of a suit, and are regulated by the code of civil procedure,1908.
To obtain temporary injunction the plaintiff must prove that there is a “Prima Facie”. This was held in the case Saunder vs Smith.
Temporary injunction may be granted:
- Any property in dispute or wrongfully sold in execution of a decree or
- Defendant threatens or disposes of his property with a view to defrauding his creditors.
- Cause injury to the plaintiff in relation to any property in dispute in the suit.
Perpetual Injunctions [S.37(2)]:
A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit. Ordinarily the court shouldn’t go into the question of title.
Plaintiff entitled to interim reliefs of injunction against owner restraining the transfer of property, “Memorandum of undertaking” between parties.
Circumstances for granting of perpetual injunction [S.38]
- Provisions contained in S.34 & 35 of SRA,1963 granted perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour.
- Any such obligation arises from contract, court shall be guided by the rules of provisions S.9 to 25 of SRA,1963
- Defendant threatens plaintiff rights.
- Defendant is trustee of the property of the plaintiff.
- Damage caused by invasion.
- Compensation in money wouldn’t afford adequate relief.
- Injunction is necessary to prevent a multiplicity of judicial proceedings.
Illustration:
A lets certain land to B and B contracts not to dig sand or gravel thereout. A may sue for an injunction to restrain B from digging in violation of his contract.
Prohibitory Injunction [S.38]:
A prohibitory injunction prohibits the doing of same act is governed by S.38
Such an injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favors.
Illustration:
A, B and C are members of an undivided Hindu family. A cuts timber growing on the family property and threatens to destroy part of the family house and to sell some of the family utensils.
B and C may sue for an injunction to restrain A from doing the threatened act
Mandatory Injunction [S.39]:
According to S.39, when to prevent a breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing. The court may in its discretion grant an injunction to prevent the breach complained of and to compel the performance of the requisite acts.
For example, illegally constructs and threatens to illegally construct structure on my land, the court may order demolish the illegal structure.
Illustration:
A build a house with eaves projecting over B’s land. B may sue for an injunction to pull down so much of the eaves as so project.
Conclusion:
These are injunctions in specific relief act,1963. The Court may restrain the party threatening the breach by way of an injunction. Further, it should be noted that an interim injunction can only be granted when a perpetual injunction is prayed for in a suit.
