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Section 22: Power to grant relief for possession, partition, refund of earnest money, etc.

The Specific Relief Act, 1963Central Act · Act 47 of 1963

(1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure,1908 (5 of 1908), any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for--

(a) possession, or partition and separate possession, of the property in addition to such performance; or

(b) any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or [made by] him, in case his claim for specific performance is refused.

(2) No relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it has been specifically claimed:

Provident that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief.

(3) The power of the court to grant relief under clause (b) of sub-section (1) shall be without prejudice to its powers to award compensation under section 21.

Where this provision sits

ActThe Specific Relief Act, 1963
Section22
Marginal notePower to grant relief for possession, partition, refund of earnest money, etc.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it6

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 52 of 1964. . Subs. by Act 52 of 1964, s. 3, and the Second Schedule, for made to (w.e.f. 29-12-1964).

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