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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Specific Relief Act, 1963 · Chapter II: Specific Performance Of Contracts

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

Bare Act text

22. Power to grant relief for possession, partition, refund of earnest money, etc.—(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 1[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.

Amendment notes

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

Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.

In simple words

Under sub-section (1), a person suing for specific performance of a contract to transfer immovable property can ask for further relief in an appropriate case. Under clause (a), that is possession, or partition and separate possession, in addition to performance. Under clause (b), it is any other relief, including refund of earnest money or deposit, if specific performance is refused. Under sub-section (2), the court grants such relief only if specifically claimed. It must allow the plaint to be amended at any stage on just terms. Under sub-section (3), the power to grant relief under clause (b) does not limit the court's power to award compensation under section 21.

Chapter II: Specific Performance Of Contracts

  1. 9 Defences respecting suits for relief based on contract
  2. 10 Specific performance in respect of contracts
  3. 11 Cases in which specific performance of contracts connected with trusts enforceable
  4. 12 Specific performance of part of contract
  5. 13 Rights of purchaser or lessee against person with no title or imperfect title
  6. 14 Contracts not specifically enforceable
  7. 14A Power of court to engage experts
  8. 15 Who may obtain specific performance
  9. 16 Personal bars to relief
  10. 17 Contract to sell or let property by one who has no title, not specifically enforceable
  11. 18 Non-enforcement except with variation
  12. 19 Relief against parties and persons claiming under them by subsequent title
  13. 20 Substituted performance of contract
  14. 20A Special provisions for contract relating to infrastructure project
  15. 20B Special Courts
  16. 20C Expeditious disposal of suits
  17. 21 Power to award compensation in certain cases
  18. 22 Power to grant relief for possession, partition, refund of earnest money, etc
  19. 23 Liquidation of damages not a bar to specific performance
  20. 24 Bar of suit for compensation for breach after dismissal of suit for specific performance
  21. 25 Application of preceding sections to certain awards and testamentary directions to execute settlements
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