Notes by Tariq Malik (Specific Relief Act, 1877)

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.................................Notes by Tariq Malik..............................
SPECIFIC RELIEF ACT 1877

(i) it passed on 7th Feb, 1877.
(ii) it comes into force on 1st May, 1877.
ik
(iii) it extend to all the provinces of Pakistan.
al
(iv) specific relief act deals with...
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> preventive relief (sec 5, 6,52 to 56 )
riq
> recovery of possession of immovable
and moveable property (sec 8 to 11)
Ta
> performance of contract. (12 to 20)
By
> rectification of instrument(sec 31 to 34)
> rescission of contract (sec 35 to 38)
es
> cancellation of instruments (sec 39 to 41)
ot
> declaratory decrees (sec 42 and 43)
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> appointment of receiver (sec 44)
> as to preventive relief, the act deal with
temporary and perpetual injunctions.
( sec 52 to 57).Specific Relief Act 1877
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Topic # 1
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al

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Sections 8, 9, 10, 11.

riq
1 RECOVERY OF SPECIFIC IMMOVABLE PROPERTY.
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(sec 8)
By
(i) there must be immovable property.
es
(ii) person entitled to possession.
ot
(a) person holds of title to property.
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> an owner.
> a mortgagor.
> a mortgagee.
> a trustee.
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> a beneficiary.
(b) person who merely entitled to possession.
> tenants.
> lessees.
(iii) recovered manners prescribed by cpc.
(a) bring a regular suit for ejectment.
ik
(b) obtain decree from court.
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(c) execution of decree.
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(d) obtain possession riq
(Or. 21,rules 35, 36)
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>> (if property is moveable, same
procedure should be adopted as laid
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by section 8 as above). (section 10)
es
2 RECOVERY OF POSSESSION OF IMMOVABLE

ot
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PROPERTY BY PERSON DISPOSSESSED. (sec 9)
(i) the plaintiff was in possession of
property.
(ii) he was dispossessed.
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(iii) such dispossession against his
consent.
(iv) dispossession within six months.
(art 3 of schedule 1, limitation act)
(v) such dispossession not by law.
(vi) it provides summary remedy.
ik
(vii) no appeal, no review, but revision lie.
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3 LIABILITY OF SUCH PERSON WHO IS IN
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POSSESSION BUT NOT OWNER. (sec 11)
riq
Ta
(i) if a person who having the possession of
of property but not real owner, the he may
By
compelled to deliver such property to
such person who have entitled of it when..
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> possession by way of trust.
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> compensation in money considered
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not adequate relief.
> difficult to ascertain actual loss.
> possession wrongfully transferred.
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Topic # 2
ik
al
M
riq
Ta
Sections (12, 21, 23, 27, 28)...SRA 1877.
By
"specific performance of contract is its actual execution according to
its stipulations and terms and is contrasted with damages or

es
compensation for the non-execution of the Contract .

ot
contract."
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1 CASES IN WHICH CONTRACTS MAY BE
SPECIFICALLY ENFORCED. (sec 12)
(i) contract of a trust.
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(ii) where no standard of ascertaining
damages.
(iv) when pecuniary compensation is no
adequate relief.
(v) where pecuniary compensation cannot be
got.
ik
(vi) relief is discretionary with court.
al
2 CASES IN WHICH CONTRACTS ARE NOT
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SPECIFICALLY ENFORCED.. (section 21)
riq
Ta
(i) when compensation in money is adequate
relief.
By
(ii) when contracts depending upon personal
skills. (singer, painter, etc)
es
(iii) contracts depends upon numerous detail.
ot
(iv) where court finds uncertainty in contract.
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(v) when contract is revocable.
(vi) contract made in excess of powers or as
breach of trust.
(vii) contracts made in excess of powers by
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the corporations.
(viii) contract involves performance of
continuous duty.(longer than 3 years)
(ix) when material part of contract ceases to
exist.
(x) where contracts of arbitrations.
ik
3PERSONS WHO MAY OBTAIN SPECIFIC
al
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PERFORMANCE OF CONTRACT. (sec 23).
(i) a party to contract.
riq
Ta
(ii) persons who are representative in interest
of contract.
By
(iii) person entitled as beneficially in contract
(iv) contract enforced by remainder man.
es
(v) a reversioner in possession.
ot
(vi) amalgamated company.
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4AGAINST WHOM A CONTRACT MAY BE
SPECIFICALLY ENFORCED. (section 27)
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(i) either party to contract.
(ii) any person claiming under original party
by title. (except transferee)
(iii) person claims under the title of contract.
(iv) specific performance against company.
(v) when promoters of public company
ik
entered into a contract. (company)
al
5AGAINST WHOM A CONTRACT CANNOT BE
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SPECIFICALLY ENFORCED. (section 28)
riq
Ta
(i) where is inadequate consideration.
(ii) where assent obtained misrepresentation.
By
(iii) when assent given under the influence of
mistake by party.
es

ot

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Topic # 3

Sections (31,32,33,34)....... SRA 1877.
ik
al
"rectification means correction of an error in an instrument in order
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to give effect to the real intention of the parties"
riq
1IMPORTANT REQUISITES FOR RECTIFICATION....
Ta
(sec 31)
(i) should be an agreement b/w Parties.
By
(ii) agreement shows final intention of
es
parties.
ot
(iii) such intention purports by any
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instrument.
(iv) there should be mistake or fraud in
farming such instrument.
(v) the instrument sought to be rectified
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must not in accordance with intention of
parties.
(vi) no any other alternative remedy.
(vii) limitation for filing of suit for rectification
Is three years. (from date of fraud etc)
(viii) right of grant of relief by rectification
ik
must be proved.
al
2 WHO CAN SEEK RECTIFICATION. (sec 31)
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> any party to contract. riq
> any representative in interest.
Ta
3WHICH INSTRUMENT CAN BE RECTIFIED.
By
> decree of court.
> contracts
es
> conveyances.
ot
> settlements.
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> acknowledgments.
> leases.
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4 PRESUMPTION AS TO THE INTENT OF PARTIES.
(sec 32)
> where contract in writing is being
rectified.
> the court satisfied that parties to
ik
agreement intended to make it.
al
5 PRINCIPLES OF RECTIFICATION. (sec 33)
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> the court while rectifying a written
riq
instrument, may inquire it by its
Ta
intention and its legal consequences.
6 SPECIFIC PERFORMANCE OF RECTIFIED
By
CONTRACT. section 34.
es
> firstly contract is rectified the enforced.
ot

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Topic # 4
ik
al

M
riq
Sections (42,43)... SRA 1877.
Ta
"its a pronouncement of a legal character or to any property which

By
is denied by the defendant or in denying which the defendant is
interested"
es
>>> A Declaratory decree is a mode of relief
ot
where there is no specific performance
N
and no award of compensation, and this is
only remedy to declare rights.
>>> A Declaratory suit is one in which the court
prefaces the decree by declaration of right
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or title or matter of fact introductory to the
relief.
1PROCEDURE AND PRINCIPLES APPLICABLE FOR
DECLARATION.(section 42)
(i) plaintiff entitled to legal character or
ik
right to property.
al
(ii) any person denying or interested to
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deny.
(iii) existence of present danger.
riq
Ta
(iv) no further relief.
(v) its a discretionary relief by court.
By
(vi) no court shall make any declaration
if plaintiff able to seek further relief.
es
2 WHO MAY SUE AND AGAINST WHOM SUIT CAN

ot
N
LIE.
(i) who may sue........
> any person entitled to any legal
character.
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> any person have right in property.
(ii) against whom may lie.
> any person denying or interested
to deny such character or right.
3 DECLARATION WHEN REFUSED.
> when litigation is vexatious.
ik
> where evasion of court fee.
al
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> multiplicity of suits.
4 WHAT IS EFFECT OF DECLARATION.(sec 43)
riq
Ta
>>> its bindings on.
> parties to suit.
By
> persons claiming through them.
> trustees.
es
ot

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Topic # 5
ik
al

M
riq
Sections (35,36,37,38).... SRA
Ta
"means putting an end to a contract and make it null and void ab
initio"
By
1 WHEN RECESSION MAY BE ADJUDGED.(35)
es
(i) where is contract voidable.
ot
(ii) where is contract terminable.
N
> by plaintiff.
(iii) where is contract is unlawful.
> for causes not apparent on its face.
> both parties not equally at fault.
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> defendant blame more than plaintif.
(iv) default in fulfilling the terms of decree.
(v) it may be adjudged with leave of court.
2 GROUNDS FOR RESCISSION.
> mistake
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> misrepresentation.
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> constructive fraud.
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> fraudulent misrepresentation.
riq
3 PERSONS ENTITLED TO ASK FOR RESCISSION.
Ta
> parties to contract.
By
> legal representatives.
> parties interested in the contract.
es
> members of joint Hindu family.
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4 ALTERNATIVE PRAYER FOR RESCISSION.(section

N
37).
> when rescission asked as alternative
to specific performance.
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> if court refuses specific performance.
> court may order for rescission.
5 COURT MAY REQUIRE PARTY RESCINDING TO DO
ENQUIRY.
> the court may require the party to whom such relief granted.
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> for the requirement of justice.
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> to make any compensation to other
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Party.

riq
Ta

By

es
ot

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Topic # 6

ik
al
M
riq

Ta
Section (52 to 56).... SRA 1877.
"an injunction is a judicial process whereby a party is ordered to

By
refrain from doing or to do a particular act or thing"

es
1 KINDS OF INJUNCTIONS. (section 52)
ot
(i) Temporary injunction are such as are to
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continue until a further order of court,
they may be granted at any period of suit
and are regulated by the CPC.(sec 53)
(ii) Perpetual injunction are those which
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finally disposes of the suit and is infinite
in point of time.
2GRANT OF TEMPORARY AND PERPETUAL
INJUNCTION. CONDITIONS.
(i) Grant of temporary injunction.
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> prima facie case.
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> irreparable damage or injury.
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> balance of convenience.
(ii) Grant of perpetual injunction.
riq
Ta
> to prevent the breach of obligation
exits in favour of plaintiff.
By
> prevent the breach of obligation
arises from court.
es
> prevent the invasion or threat of
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invasion to plaintiff right or the
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enjoyment of property.... when
(a) defendant is trustee
(b) when no standard for ascertain
actual damages.
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(c) where pecuniary compensation
is not adequate relief.
(d) prevent the multiplicity of judicial
proceeding.
3WHEN PERPETUAL INJUNCTION CANNoT BE
GRANTED.. (section 56).
ik
al
(i) when it for stay of judicial of proceedings
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(ii) stay proceeding of a court not subordinate
riq
to court from which Injunction is granted.
Ta
(iii) to restraint person applying to any
legislative body.
By
(iv) to interfere with the public duties of any
department.
es
(v) to stay proceeding in any criminal matter
ot
(vi) to prevent breach of contract.
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(vii) to prevent a nuisance.
(viii) to prevent a continuing breach.
(ix) when efficacious relief can be obtained.
(x) conduct likely to disentitle.
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(xi) plaintiff having no interest in subject
matter.
4 PERIOD OF GRANTING TEMPORARY AND
PERPETUAL INJUNCTION.
(i) it can be granted at any period of suit
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and remains in force till date of
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hearing.
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(ii) it is granted after the trial when the
plaintiff has established his case and
riq
Ta
on the merits of the case

By

es

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Facebook Group Name Judicial Exam + Notes

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Admin Hamid Yar Hami.

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Facebook Group Name​ ​ ​Judicial Exam + Notes

Admin​ ​ ​Hamid Yar Hami.

SPECIFIC RELIEF ACT 1877

2­ RECOVERY OF POSSESSION OF IMMOVABLE

"specific performance of contract is its actual execution according to

its stipulations and terms and is contrasted with damages or

compensation for the non-execution of the Contract .

1­ CASES IN WHICH CONTRACTS MAY BE

4­​AGAINST WHOM A CONTRACT MAY BE

4­ PRESUMPTION AS TO THE INTENT OF PARTIES.

"​its a pronouncement of a legal character or to any property which

is denied by the defendant or in denying which the defendant is

1­​PROCEDURE AND PRINCIPLES APPLICABLE FOR

2­ WHO MAY SUE AND AGAINST WHOM SUIT CAN

4­ ​ALTERNATIVE PRAYER FOR RESCISSION.(section

"​an injunction is a judicial process whereby a party is ordered to

refrain from doing or to do a particular act or thing​"

2­​GRANT OF TEMPORARY AND PERPETUAL

3­​WHEN PERPETUAL INJUNCTION CANNoT BE

Facebook Group Name​ ​ ​Judicial Exam + Notes

(more than 11 thousand members till 21st September 21016

Admin​ ​ ​Hamid Yar Hami.

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Facebook Group Name Judicial Exam + Notes

Admin Hamid Yar Hami.

2 RECOVERY OF POSSESSION OF IMMOVABLE

1 CASES IN WHICH CONTRACTS MAY BE

4AGAINST WHOM A CONTRACT MAY BE

4 PRESUMPTION AS TO THE INTENT OF PARTIES.

"its a pronouncement of a legal character or to any property which

1PROCEDURE AND PRINCIPLES APPLICABLE FOR

2 WHO MAY SUE AND AGAINST WHOM SUIT CAN

4 ALTERNATIVE PRAYER FOR RESCISSION.(section

"an injunction is a judicial process whereby a party is ordered to

refrain from doing or to do a particular act or thing"

2GRANT OF TEMPORARY AND PERPETUAL

3WHEN PERPETUAL INJUNCTION CANNoT BE

Facebook Group Name Judicial Exam + Notes

Admin Hamid Yar Hami.