Specific relief act 1877 section 8

Specific relief act, 1877 what is your concept about specific relief. An act to define and amend the law relating to certain kinds of specific relief. Relief not granted to enforce penal law part ii of specific relief chapter i of recovering possession of property 8. In a suit under section 9 of the specific relief act the plaintiff is required to file the suit within 6 months of dispossession. Aug 02, 2018 the report of the 9th law commission detailed the reasons for revising the act of 1877 briefly. Mcqs of specific relief act 1877 solved page 6 of 8. The specific relief act was passed in 1877, and has since been amended by acts 4 of 1882, 12 of 1891, 9 of 1899, 21 of 1929, 10 of 1940 and 3 of 1951. Assignment paper assignment on distinction between section 8. To obtain a decree he must prove that he was in possession of the suit property till.

Numerous other flaws in the act of 1877 were highlighted and thus, succeeded it with the specific relief act of 1963. Section 8 in the specific relief act, 1963 indian kanoon. Suit under section 9 of the specific relief act, 1877, length. This section corresponds to section 12a and 21e of the repealed act of 1877. Section 8 of the specific relief act 1877, provides. Specific relief act 1877 mcqs for preparation of fpsc, nts, kppsc, ppsc, and other test. Distinction between section 8 and 9 of specific relief act. Feb, 20 easily share your publications and get them in front of issuus millions of monthly readers. As per section 49 of the specific relief act, 1877 the cost of all applications and orders under chapter vii of the specific relief act, 1877 whall be in the discretion of the. Specific relief act 1i of 1877 7th february, 1877 an act to define and amend the law relating to certain kinds of specific relief preamble.

Application of preceding sections to awards and testamentary directions to. Specific performance of contract and its enforceability. Specific relief act, 1877 section 12 24 the lawyers. Specific relief act 1877 mcqs for preparation pakmcqs. The specific relief act, 1877 chancery law chronicles. When the specific relief act, 1877 was in 16page 17 force, the 9th report of the law commission of india, 1958, had suggested certain amendments in the proviso, according to which, the. Readiness may mean capacity of plaintiff to perform contract which includes. Section 8 partitionpossession, recovery ofproofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidityplaintiffs. As per section 49 of the specific relief act, 1877 the cost of all applications and orders under chapter vii of the specific relief act, 1877 whall be in the discretion of the a. The provision of this enactment was considered by the law commission in its ninth report which was later replaced by the present act of 1963.

Specific relief act 1963 section 34 page 4 judgments. Friday february 28, 2014 aljumaa rabi thani 28, 1435 sukravara phalguna 09, 1935, at 02. Specific relief is the contribution of equity court. Recovery of possession of immoveable property studybix. Sections, 14, 15 and 16 of the specific relief act 1877 provide for the part performance of a contract as far as it can be performed, and compensation as far as performance is impossible.

In this article, yash kansal discusses enforceability of specific performance of contract. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Recovery of immovable property under specific relief act. A suit for recovery of possession of an immovable property under section 6 of specific relief act can be filed against. Specific relief act, 1877 i of 1877 sections9 and 54. Specific relief act 1877 in bangla lecture 3 section 8. 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. Specific relief act, 1877 part i preliminary preamble 1. The specific relief acl contemplates the possibility in certain circumstances, one of which is that the unperformed part of a contract in fact admits of compensation in money, that a decree may be made awarding compensation in money for the deficiency while granting specific. Specific relief act 1877, section 8 in urdu in hindi in. An act to define and amend the law relating to certain kinds of specific relief preamble. Plaint in a suit for possession under the specific relief act, 1877, section 9. This act may be called the specific relief act, 1877. Air1985cal315,19851chn129,89cwn372 for in the instant suit does not come within the scope and ambit of section 34 of the specific relief act, 1963 and the declaratory relief prayed for in the instant suit not being covered and prohibited by section 34 of the specific relief act, the said suit is not governed by the specific relief act.

Notwithstanding anything contained in section 56 of the contract act. Under this provision the court is not competent to decide the title of the property. Jun 12, 2014 to get remedy under specific relief a person must come into court within prescribed time in the act. I of 1877 is most used and applied act in court of common law based country as like bangladesh, india, pakistan, nepal, srilanka etc. Liability of person in possession, not as owner, to deliver to persons entitled to. A person entitled to the possession of specific immoveable property may recover it in the manner prescribed by the code of civil procedure.

Suit under section 9 of the specific relief act, 1877 issuu. This law mainly deal with civil procedure in the formal court of civil suit in above mentioned countries. The act was originally drafted upon the lines of the draft, new york civil code, 1862, and its main provisions embodied the doctrines evolved by the english equity courts. Suit under section 9 of the specific relief act, 1877. This bill seeks to implement the recommendation of the law commission contained in its ninth report on the specific relief act, 1877, except in regard to section 42 which is being retained as it now stands.

Suit by persons dispossessed of immovable property. Jan 08, 2020 introduction to the specific relief act is a must before jumping into a range of reliefs as are being provided under the law. In this act, unless there be something repugnant in the subject or context, obligation includes every duty enforceable by law. It was promulgated on the 7 th of february, 1877 in britishindia, prior to partition in 1947. Assignment paper assignment on distinction between section. The very purpose of the proviso to section 34 of the act 1963, is to avoid the multiplicity of the proceedings, and also the loss of revenue of court fees. A suit for possession of an immovable property, under section 6 of specific relief act can be filed within a 1 year of dispossession b 6 months of dispossession c 3 years of dispossession d 12 years of dispossession. And it shall come into force on the first day of may, 1877. Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its. Lectures of specific relief act pahuja law academy. Suit for possession in a suit where the plaintiffs real object is to obtain a declaration under section 42 of specific relief act.

Specific relief act, 1877 section 12 24 the lawyers and. Recovery of possession of immoveable property under sections 8 and 9 of specific relief act 1877. Having a legacy of distinction, earlier through the 1877 act and then through the 1963 act, the legislature endeavoured to grant the equitable jurisdiction and widen the justice imparting powers of the courts. The object of the act may best be stated in the words of statement of object and reasons which runs as under. Limitation under section 8 of the specific relief act 1877 is.

Analysing the law of specific relief courting the law. Liability of person in possession, not as owner, to deliver to persons entitled to immediate. In section 8 plaintiff is real owner of the property. To obtain a decree he must prove that he was in possession of the suit property till before he was dispossessed by the defendant. Partitionpossession, recovery ofproofland in question was jointly owned by both the parties and plaintiffs. The specific relief act, 1877 i of 1877 contents part i preliminary 1. Section 21a was inserted by section 2 of the specific relief amendment act, 2004 act no.

It has also been adapted by the adaptation orders, a. Relief not granted to enforce penal law part ii of specific reliefchapter i of recovering. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. Mcqs the specific relief act of 1877 pakistan, for adpp. Chapter viii omitted part iii of preventive relief chapter ix of injunctions generally 52. It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he. Assignment paper assignment on distinction between section 8 and section 9 of the specific relief act, 1877 course title. These provisions stands in exception to the general rule of equity contained in section 17 of the act which requires that specific performance of a. The law of specific relief as administered in pakistan is primarily contained in the specific relief act, 1877.

Sec 8 and 9 relates to the recovery of possession of immoveable property. This is the english version of the specific relief act or sr act act no. Thursday, june 25, 2015 sra 255 presentation of cancellation of instruments 10 11. The fee leviable on the plaint or memorandum of appeal. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits it is hereby enacted as follows. Specific performance of part of contract 1 except as otherwise hereinafter provided in this section the court shall not direct the specific performance of a part of a contract. The specific relief and the act is 1877 pdf book download or. Chapter i of the second part of the specific relief act 1877 provides for. Suit under section 9 of the specific relief act, 1877 introduction the specific relief act, 1877 is based on the rules and practice of english law. Specific relief is one, which gives order to a person to perform his duty according to his responsibility on the application of aggrieved person. As per section 7, of the specific relief act, specific relief can not be granted for the. An user friendly interface with comfortable screen view.

Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession. Section 9 of specific relief act 1877, provides a procedure to persons who are dispossessed from immovable property without consent or without lawful authority and except in due course of law. The current legal framework the specific relief act 1877 india act, 1877 1 may 1877 part i preliminary 12. A fee of onehalf the amount prescribed in serial no. The following kinds of remedies may be granted by a court under the provisions of the specific relief act. Specific relief act 1877, section 8 in urdu in hindi in english by farzana perveen siddiqui farzana perveen siddiqui.

Apr 18, 2017 specific relief act 1877, section 8 in urdu in hindi in english by farzana perveen siddiqui farzana perveen siddiqui. The very purpose of the proviso to section 34 of the act. Ninth report on the specific relief act, 1877 1 law commission of india, ministry of law, government of india 1958. The specific relief and the act is 1877 pdf book download. Suit under section 9 of the specific relief act, 1877, author. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. Introduction the law of specific relief in india was originally codified by specific relief act, 1877. Partitionpossession, recovery of proofland in question was jointly owned by both the parties and plaintiffs. In this act unless there be something repugnant in the subject or context. Jun 25, 2015 suit for possession in a suit where the plaintiffs real object is to obtain a declaration under section 42 of specific relief act. Interpretationclause words defined in contract act 4.