performance and recovery of possession, are covered in Chapters 2 to 6 of the Act. Negative remedies, also known as preventive relief, are addressed in Chapters 7 and 8 and involve injunctions to prevent certain actions or breaches.

The extent of the remedies under this Act pertains to the enforcement of specific performance of contracts or retrieval of property and not anything relating to criminal or penal matters.

Specific Performance of Contracts deal with remedies pertaining to the inability of one party to fulfill a contract as agreed upon. One can seek remedies within this purview when the actual execution of a contract holds good for something important and a monetary award is insufficient in the case of a contract. Suppose that, under a contract, a seller refuses to deliver title to a rare property; the injured party in such a case can move for a decree of specific performance.

Recovery of the Possession of Property gives relief to a person who has been dispossessed of his property without due course of law. The act provides the possibility of correcting written documents in the case of a discrepancy that does not accord with the parties actual intention.

Specific Relief Act is, in essence, a civil statute, having its core objective as enforcement of civil rights of an individual. The remedies provided under this Act are aimed at enforcement of civil obligations and agreements. These are extended to disputes arising from civil contracts, property rights, and other similar civil matters.

Example:

In Property Disputes, when one is contracted for or legally entitled to the possession of property and is denied such possession wrongly, the Specific Relief Act allows recovering the property.

If one of the parties to a contract defaults on his contractual responsibilities, specific performance may be demanded from the defaulting party by the injured party, especially in cases where the subject matter of the contract is irreplaceable or unique.

Exclusion from Penal Laws

The Specific Relief Act does not apply to penal laws for the following reasons:

The nature of penal laws involves dealing with, and punishing, infractions of the criminal law. Its object is to prevent or lessen the continuance of crime and secure public order and safety. Penal laws prescribe, as punishments, fines or imprisonment, which the Specific Relief Act has no powers to enforce.

Penal laws are created to be a means of punishment in regard to an illegal act performed, as well as a means to deter one from the commission of the same crime at any time in the future, and to rehabilitate the offender. This is the inherent difference between penal laws and the Specific Relief Act, in view of the latter involving the enforcement of civil rights and obligations through specific performance or an injunction, rather than punitive measures.

The penal offences are prosecuted by the state under criminal procedures, whereas civil disputes between individuals or entities are dealt with under the Specific Relief Act via civil court proceedings.

Kinds of Relief:

Specific Relief Act, 1963, classifies the remedies for enforcement of civil rights and correction of civil wrongs in India. The various kinds of reliefs under the Act are principally divided into two kinds:

1. Specific Relief

Specific relief consists of remedies that relate to a party doing something or maintaining a right rather than paying monetary damages. Such relief is granted to an injured party to have the very performance or compliance with a legal duty as agreed upon rather than receiving damages as compensation for its loss. The Act provides for a number of types of specific reliefs such as:

Specific Performance of Contracts:

- This type of remedy requires a court to order a party to perform accordingly, to fulfill their contractual agreements. It is available in cases where damages would not provide an adequate remedy for a breach.

- This equitable remedy is typically available regarding contracts relating to land or other one of a kind chattels that are specially valuable to the plaintiff.

- Once more, specific performance is granted at the discretion of the court, which can also deny specific performance if thereby it will not be equitable, or if it would be impracticable.

Rectification of Instruments:

- This is a remedy that allows for an instrument in writing to be corrected when it incorrectly states the true agreement between parties due to some mistake.

- The Court will grant rectification when it clearly appears that the instrument does not correctly state the intention of both parties.

Rescission of Contracts:

- This remedy involves the discharge or rescission of a contract to render it void. It is granted upon fundamental breach or misrepresentation.

- These are fraud, misrepresentation, mistake, or undue influence. The party seeking rescission shall do so without unreasonable delay and restore the other party to the previous state before entering the contract.

Delivery of Possession:

- This applies where a person is wrongfully dispossessed of property. The court upon his application may order delivery of possession to him.

Injunctions:

An injunction refers to an order by the court that either restrains a party from doing a particular act or requires a party to do a certain act. The main kinds of Injunctions are :

- Injunction Preventive which aims to avoid that a party does an act that can cause damage to the plaintiff's rights.

- Mandatory Injunction is a relief ordering a party to do an act which either the party is bound to do or which if not done may cause injury to the plaintiff.

- Interlocutory Injunction is temporary and issued during litigation with the purpose of avoiding harm until judgment is provided.

2. Preventive Relief

Preventive relief is designed to avoid any threatened or imminent damage, injury, or loss before it occurs. It is usually awarded through injunctions to restrain an act likely to cause a breach of duty or to inflict damage.

Preventive Injunctions:

The purpose of preventive relief is to prevent imminent damage or an imminent breach. In this respect, a preventive injunction may be issued, for example, to block construction of a house that violates property rights.

It covers instances where a party should not be allowed to disseminate defamatory information, commit intellectual property infringements, or breach contractual agreements.

Interim Orders:

These are orders issued pending litigation that maintain the prevailing position in status quo to avoid injury before the determination of a case.

Conclusion

The Specific Relief Act, 1963, encompasses various remedies that aim at the very carrying out of legal obligations rather than monetary damages as such. The Act specifically covers specific performance, rectification, rescission, delivery of possession, and injunctions. Preventive relief, under this Act, among others, includes an injunction to prevent the harm before its occurrence so that legal rights are preserved and justice satisfied in cases where ordinary damages might not be considered enough as a remedy.