What does Section 16 of Specific Relief Act says?

Section 16 deals with persons for whom contract cannot be specifically enforced on a special ground of defence of the Plaintiff’s own conduct. A court may not grant specific performance to a plaintiff who has failed to prove that he has performed or is ready and willing to perform his part of the contract.

What are the provisions available under Specific Relief Act 1963 in terms of recovering possession of property?

If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.

Is one of the remedy available under Specific Relief Act 1963?

The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act: Recovery of possession of the property. Specific performance of contracts. Rescission of contracts.

What was Section 16 of the Specific Relief Act 1963?

Section 16 in The Specific Relief Act, 1963 16. Personal bars to relief.—Specific performance of a contract cannot be enforced in favour of a person— (a) who would not be entitled to recover compensation for its breach; or

What does section 27 of the Specific Relief Act mean?

Section 27 deals with the recession of the contract, in law, recession means withdrawing of the contract or in simpler terms: cancellation of the contract. It brings the party in a situation as if the contract did not happen i.e status quo ante meaning in its original state.

How is recovery of possession dealt with in Specific Relief Act?

Recovery of Possession is dealt with in Sections 5 to 8 of Chapter II of the Specific Relief Act. Here property may be immovable property or movable property, act provides for the recovery of the property. Section 5 and Section 6 deals with the immovable property and Section 7 and Section 8 deals with the movable property. Section 5.

When is a Specific Relief Act remedial or protective?

Thus specific relief is a remedy which aims at the exact fulfillment of an obligation. It is remedial when the court directs the specific performance of contract and protective when the court makes a declaration or grants an injunction. RECOVERY OF POSSESSION OF PROPERTY