Section 22 of the
Specific Relief Act of 1963 (hereinafter, 'SRA
Act') which provides that any person suing for
the specific performance ... deposit paid.
34.The relevant part of the provision of SRA
Act reads as follows:
"22. Power to grant relief for possession,
partition, refund
determinable by Will and in view of
Section 14 (c) of SRA Act the contract cannot be specifically enforced.
Moreover, plaintiff is seeking performance ... barred under Section 14
(a) r/w Section 41 (e) of SRA Act. It has been further argued that
plaintiff is seeking relief that
ISSUE NO. 2
NON-APPLICABILITY OF 2018 AMENDMENTS IN SPECIFIC
RELIEF ACT,1963 TO PRESENT CASE
Digitally
signed by
VIKRAM
VIKRAM BALI
BALI Date ... ruled
that the 2018 amendments to the Specific Relief Act (SRA) of 1963 are
prospective and cannot apply to transactions that took place before
October
filed the suit u/s 34 of the Specific Relief
Act ( in short "SRA") for declaration of death in absentia (Civil death ... Dass Ralli, whereas, as per Section
31 of the Specific Relief Act (SRA), declaration qua the legal
character of another person is not permissible
recovery of
possession under section 6 of the Specific Relief Act, 1963
(SRA), permanent and mandatory injunction against the
defendants on 12.09.2022 claiming to have ... Specific Relief Act with
respect to the suit property ? (OPP)
34. The provision of Section 6 of the Specific Relief Act, 1963
(SRA) reads
without merits. This submission is rejected. Section
68 of the Evidence Act, 1872 provides that if document is required by
law to be attested ... ruled that the VIKRAM
BALI
2018 amendments to the Specific Relief Act (SRA) of 1963 are Digitally signed
by VIKRAM
BALI
Date
upon the
defendants. Section 41 (h) of Specific Relief Act, 1963
(hereinafter called as SRA), states that an injunction cannot ... suit of the
plaintiff is barred by the provisions of SRA Act. However, no
evidence whatsoever has been adduced by the defendants to
either show
contract?
9.16. Section 16 (c) of the Specific Relief Act,1963 (in
short, SRA) envisages that plaintiff must plead and prove that he
had performed ... year 2020
when the 2018 amendment to the Specific Relief Act (SRA) had
already come into force. As per the amended Section 10 of SRA
Date:
MEENA 2025.08.29
16:17:00 +0530
Relief Act 1963 (hereinafter be referred to as 'SRA') in the year 2018
(hereinafter be referred ... amended
SRA, it becomes inevitable to discuss here the conditions and legal
principles, as provided under the unamended provisions of SRA. The
relevant provisions/sections
basis
of Section 6 of the Specific Relief Act, 1963 (hereinafter SRA). Section 6
SRA is applicable only if the plaintiff proves the following ... suit filed under Section 6 of the Specific Relief Act
(SRA) for the recovery of possession, it is imperative for the plaintiff to
demonstrate that
