Punjab · Act · 1877

SPECIFIC RELIEF ACT, 1877

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THE SPECIFIC RELIEF ACT, 1877 (I of 1877)

SCHEDULE Repealed

TEXT

THE SPECIFIC RELIEF ACT, 1877 1(I of 1877) [7th February, 1877] An Act to define and amend the law relating to certain kinds of Specific Relief. Preamble.– Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows:–

PART I

Preliminary

Section 1. Short title

This Act may be called the Specific Relief Act, 1877. Local extent.– 2[It extends to the whole of 3[the Punjab]. Commencement.– And it shall come into force on the first day of May, 1877.

[4] Section 2. Repeal of enactments

* * * * *

* * ]

Section 3. Interpretation-clause

In this Act, unless there be something repugnant in the subject or context,–

See Gazette of India, 1877, Pt.I, p.562 Sind Ditto, 1880, Pt.I,p. 676.

It has been applied to Phulera in the Excluded Area of Upper Tanawalt the extent the Act is applicable in the N.W.F.P., subject to certain modifications; and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. S.9 has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913), s.3. (w.e.f. 18th August, 1913). It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950) (w.e.f. 15th August, 1947); and applied in the Federated Areas of Baluchistan, see Gazette of India, 15th August, 1937, Pt. I, p.

1499.

2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in the Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and Second Schedule.

3 The word “Pakistan” is substituted as the words “the Punjab” by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.2 4Repealed by the Repealing and Amending Act, 1891 (XII of 1891); and published in the Government Gazette, Punjab and its Dependencies, Part IV, dated 9.4.1891, pages 21-67, s.2 and First Schedule, Part I.

'obligation' includes every duty enforceable by law: 'trust' includes every species of express, implied, or constructive fiduciary ownership:

'trustee' includes every person holding, expressly, by implication, or constructively, a fiduciary character:

Illustrations

(a) Z bequeaths land to A, “not doubting that he will pay thereout an annuity of Rs. 1,000 to B for his life”. A accepts the bequest. A is a trustee, within the meaning of this Act, for B, to the extent of the annuity.

(b) A is the legal, medical, or spiritual adviser of B. By availing himself of his situation as such adviser, A gains some pecuniary advantage which might otherwise have accrued to B. A is a trustee, for B, within the meaning of this Act, of such advantage.

(c) A, being B's banker, discloses for his own purpose, the state of B's account. A is trustee, within the meaning of this Act, for B, of the benefit gained by him by means of such disclosure.

(d) A, the mortgagee of certain leaseholds, renews the lease in his own

name. A is a trustee, within the meaning of this Act, of the renewed lease, for those interested in the original lease.

(e) A, one of several partners, is employed to purchase goods for the firm. A, unknown to his co-partners, supplies them, at the market price, with goods previously bought by himself when the price was lower, and thus makes a considerable profit. A is a trustee for his co-partners, within the meaning of this Act, of the profit so made.

(f) A, the manager of B's indigo-factory, becomes agent for C, a vendor of indigo-seed, and receives, without B's assent, commission on the seed purchased from C for the factory. A is a trustee, within the meaning of this Act, for B, of the commission so received.

(g) A buys certain land with notice that B has already contracted to buy it. A is a trustee, within the meaning of this Act, for B, of the land so bought.

(h) A buys land from B, having notice that C is in occupation of the land. A omits to make any inquiry as to the nature of C's interest therein. A is a trustee, within the meaning of this Act, for C, to the extent of that interest. “settlement” means any instrument (other than a will or codicil as defined by the (Indian Succession Act

5) whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of:

Words defined in Contract Act.– and all words occurring in this Act, which are defined in the Contract Act, 1872 6, shall be deemed to have the meanings respectively assigned to them by the Act.

5See now the Succession Act, 1925 (XXXIX of 1925); and published in the Gazette of India, Part IV, dated10.101925, pages 69-127 6IX of 1877

Section 4. Savings

Except where it is herein otherwise expressly enacted, nothing in this Act shall be deemed–

(a) to give any right to relief in respect of any agreement which is not a contract;

(b) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or

Section 5. Specific relief how given

Specific relief is given–

(a) by taking possession of certain property and delivering it to a claimant;

(b) by ordering a party to do the very act which he is under an obligation to do;

(d) by determining and declaring the rights of parties otherwise than by an award of compensation; or

(e) by appointing a receiver.

Section 6. Preventive relief

Specific relief granted under clause (c) of section 5 is called preventive relief.

Section 7. Relief not granted to enforce penal law

Specific relief cannot be granted for the mere purpose of enforcing a penal law.

PART II

Of Specific Relief -------------

CHAPTER I

OF RECOVERING POSSESSION OF PROPERTY

(a) Possession of Immoveable Property

Section 8. Recovery of specific immoveable property

A person entitled to the possession of specific immoveable property may recover it in the manner prescribed by the Code of Civil Procedure

[9] Section 9. Suit by person dispossessed of immoveable property

If any person is dispossessed without his consent of immoveable property otherwise than in due

course of law, he or any person claiming through him may, by suit 10[***] recover possession thereof, notwithstanding any other title that may be set up in such suit. Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof. No suit under this section shall be brought against 11[the 12[Federal Government], 13[***] or any Provincial Government.] No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.]

(b) Possession of Moveable Property

Section 10. Recovery of Specific moveable property

A person entitled to the possession of specific moveable property may recover the same in the manner prescribed by the Code of Civil Procedure. 14 Explanation I.– A trustee may sue under this section for the possession of property to the beneficial interest in which the person for whom he is trustee is entitled. Explanation 2.– A special or temporary right to the present possession of property is sufficient to support a suit under this section. Illustrations

(a) A bequeaths land to B for his life, with remainder to C. A dies. B enters on the land, but C, without B's consent, obtains possession of the title-deeds. B may recover them from C.

(b) A pledges certain jewels to B to secure a loan. B disposes of them before he is entitled to do so. A, without having paid or tendered the amount of the loan, sues B for possession of the jewels. The suit should be dismissed, as A is not entitled to their possession, whatever right he may have to secure their safe custody.

(c) A receives a letter addressed to him by B. B gets back the letter without A's consent. A has such a property therein as entitles him to recover it from

(d) A deposits books and papers for safe custody with B. B loses them and C finds them, but refuses to deliver them to B when demanded. B may recover them from C, subject to C's right, if any, under section 168 of the Contract Act, 1872

15.

12Substituted for the words “Central Government.” by the Federal Adaptation of Laws Order, 1975 (P.O.4 of 1975); and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-466, Article 2 and Table of General Adaptations.

13Words “the Crown Representative” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O.4 of 1949); and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, Article 3 and Schedule. 14See now the Code of Civil Procedure, 1908 (V of 1908). 15IX of 1872

(e) A, a warehouse-keeper, is charged with the delivery of certain goods to Z, which B takes out of A's possession. A may sue B for the goods.

Section 11. Liability of person in possession, not as owner, to deliver to person entitled to immediate possession

Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:–

(a) when the thing claimed is held by the defendant as the agent or trustee of the claimant;

(b) when compensation in money would not afford the claimant adequate relief for the loss of the thing claimed;

(d) when the possession of the thing claimed has been wrongfully transferred from the claimant. Illustrations of clause (a)– A, proceeding to Europe, leaves his furniture in charge of B as his agent during his absence. B, without A's authority, pledges the furniture to C, and C, knowing that B has no right to pledge the furniture, advertises it for sale. C may be compelled to deliver the furniture to A, for he holds it as A's trustee. of clause (b)– Z has got possession of an idol belonging to A's family, and of which A is the proper custodian. Z may be compelled to deliver the idol to A. of clause (c)– A is entitled to a picture by a dead painter and a pair of a rare China vases. B has possession of them. The articles are of too special a character to bear an ascertainable market-value. B may be compelled to deliver them to A.

CHAPTER II

OF THE SPECIFIC PERFORMANCE OF CONTRACTS

(a) Contracts which may be specifically enforced.

Section 12. Cases in which specific performance enforceable

Except as otherwise

provided in this Chapter, the specific performance of any contract may in the discretion of the Court be enforced–

(a) when the act agreed to be done is in the performance, wholly or partly, of a trust;

(b) when 16[their] exists no standard for ascertaining the actual damage caused by non-performance of the act agreed to be done;

16See should read “there”.

(c) when the act agreed to be done is such that pecuniary compensation for its non-performance would not afford adequate relief; or

(d) when it is probable that pecuniary compensation cannot be got for the non-performance of the act agreed to be done. Explanation.– Unless and until the contrary is proved, the Court shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money, and that the breach of a contract to transfer movable property can be thus relieved. Illustrations of clause (a)– 17[* * * * * * * * * * * * * ] of clause (b)– A agrees to buy, and B agrees to sell, a picture by a dead painter and two rare China vases. A may compel B specifically to perform this contract, for there is no standard for ascertaining the actual damage which would be caused by its non- performance. of clause (c)– A contracts with B to sell him a house for Rs. 1,000. B is entitled to a decree directing A to convey the house to him, he paying the purchase-money. In consideration of being released from certain obligations imposed on it by its Act of Incorporation, a Railway-Company contract with Z to make an arch way through their railway to connect lands of Z served by the railway, to construct a road between certain specified points, to pay a certain annual sum towards the maintenance of this road, and also to construct a siding and a wharf as specified in the contract. Z is entitled to have this contract specifically enforced, for his interest in its performance cannot be adequately compensated for by money: and the Court may appoint a proper person to superintend the construction of the archway, road, siding and wharf. A contracts to sell and B contracts to buy, a certain number of Railway shares of a particular description. A refuses to complete the sale. B may compel A specifically to perform this agreement, for the shares are limited in number and not always to be had in the market, and their possession carries with it the status of a share holder, which cannot otherwise be procured. A contracts with B to paint a picture for B who, agrees to pay therefore Rs. 1,000. The picture is painted, B is entitled to have it delivered to him on payment or tender of the Rs. 1,000. of clause (d)– A transfers without endorsement, but for valuable consideration, a promissory note to B. A becomes insolvent, and C is appointed his assignee. B may compel C to

endorse the note, for C has succeeded to A's liabilities, and a decree for pecuniary compensation for not endorsing the note would be fruitless.

Section 13. Contract of which the subject has partially ceased to exist

Notwithstanding anything contained in section 56 of the Contract Act 18, a contract is not wholly impossible of performance because a portion of its subject matter, existing at its date, has ceased to exist at the time of the performance. 19[* * * * * * * * * * * * * ]

Section 14. Specific performance of part of contract where part unperformed is small

Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed bears only a small proportion to the whole in value, and admits of compensation in money, the Court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed, and award compensation in money for the deficiency. Illustrations

(a) A contracts to sell B a piece of a land consisting of 100 bighas. It turns out that 98 bighas of the land belong to A, and the two remaining bighas to a stranger, who refuses to part with them. The two bighas are not necessary for the use or enjoyment of the 98 bighas, nor so important for such use or enjoyment that the loss of them may not be made good in money. A may be directed at the suit of B to convey to B the 98 bighas and to make compensation to him for not conveying the two remaining bighas; or B may be directed, at the suit of A, to pay to A, on receiving the conveyance and possession of the land, the stipulated purchase-money less a sum awarded as compensation for the deficiency.

(b) In a contract for the sale and purchase of a house and lands for two lakhs of rupees, it is agreed that part of the furniture should be taken at a valuation. The Court may direct specific performance of the contract notwithstanding the parties are unable to agree as to the valuation of the furniture, and may either have the furniture valued in the suit and included it in the decree for specific performance, or may confine its decree to the house.

Section 15. Specific performance of part of contract where part unperformed is large

Where a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed forms a considerable portion of the whole, or does not admit of compensation in money, he is not entitled to obtain a decree for specific performance. But the Court may, at the suit of the other party direct the party in default to perform specifically so much of his part of the contract as he can perform, provided that the plaintiff relinquishes all claim to further performance, and all right to compensation either for the deficiency, or for the loss or damage sustained by him through the default of defendant. Illustrations

18IX of 1872

19Omitted by the Specific Relief (Amendment) Ordinance, 1983 (XXII of 1983); and published in the Gazette of Pakistan (Extraordinary), dated 20.9.1983, s.3.

(a) A contracts to sell to B a piece of land consisting of 100 bighas. It turns out that 50 bighas of the land belong to A, and the other 50 bighas to a stranger, who refuses to part with them. A cannot obtain a decree against B for the specific performance of the contract; but if B is willing to pay the price agreed upon, and to take the 50 bighas which belong to A, waiving all rights to compensation either for the deficiency or for loss sustained by him through A's neglect or default, B is entitled to a decree directing A to convey those 50 bighas to him on payment of the purchase-money.

(b) A contracts to sell to B an estate with a house and garden for a lakh of rupees. The garden is important for the enjoyment of the house. It turns out that A is unable to convey the garden. A cannot obtain a decree against B for the specific performance of the contract, but if B is willing to pay the price agreed upon, and to take the estate and house without the garden, waiving all rights to compensation either for the deficiency 'or for loss sustained by him through A's neglect or default. B is entitled to a decree directing A to convey the house to him on payment of the purchase-money.

Section 16. Specific performance of independent part of contract

When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the Court may direct specific performance of the former part.

Section 17. Bar in other cases of specific performance of part of contract

The Court shall not direct the specific performance of a part of a contract except in cases coming under one or other of the three last preceding sections.

Section 18. Purchaser's rights against vendor with imperfect title

Where a person contract to sell or let certain property, having only an imperfect title thereto, the purchaser or lessee (except as otherwise provided by this Chapter) has the following rights:–

(a) if the vendor or lessor has subsequently to the sale or lease acquired any interest in the property, the purchaser or lessee may compel him to make good the contract out of such interest;

(b) where the concurrence of other persons is necessary to validate the title, and they are bound to convey at the vendor's or lessor's request, the purchaser or lessee may compel him to procure such concurrence;

(c) where the vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase- money, and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a conveyance from the mortgagee;

(d) where the vendor or lessor sues for specific performance of the contract, and the suit is dismissed on the ground of his imperfect title, the defendant has a right to a return of his deposit (if any) with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest of the vendor or lessor in the property agreed to be sold or let.

Section 19. Power to award compensation in certain cases

Any person suing for the specific performance of a contract may also ask for compensation for its breach, either in addition to, or substitution for, such performance. If in any such suit the Court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant and that the plaintiff is entitled to compensation for that breach, it shall award him compensation accordingly. If in any such suit the Court decides that specific performance ought to be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly. Compensation awarded under this section may be assessed in such manner as the Court may direct. Explanation.– The circumstance that the contract has become incapable of specific performance does not preclude the Court from exercising the jurisdiction conferred by this section. Illustrations of the second paragraph– A contracts to sell a hundred maunds of rice to B. B brings a suit to compel A to perform the contract or to pay compensation. The Court is of opinion that A has made a valid contract and has broken it, without excuse, to the injury of B, but that specific performance is not the proper remedy. It shall award to B such compensation as it deems just. of the third paragraph– A contracts with B to sell him a house for Rs. 1,000, the price to be paid and the possession given on the 1st January 1877. A fails to perform his part of the contract, and B brings his suit for specific performance and compensation, which is decided in his favour on the 1st January, 1878. The decree may, besides ordering specific performance, award to B compensation for any loss which he has sustained by A's refusal. of the Explanation– A, a purchaser, sues B, his vendor, for specific performance of a contract for the sale of a patent. Before the hearing of the suit the patent expires. The Court may award A compensation for the non-performance of the contract, and may, if necessary, amend the plaint for that purpose. A sues for the specific performance of a resolution passed by the Directors of a public company, under which he was entitled to have a certain number of shares allotted to him, and for compensation for the non-performance of the resolution. All the shares had been allotted before the institution of the suit. The Court may, under this section, award A compensation for the non-performance.

Section 20. Liquidation of damages not a bar to specific performance

A contract, otherwise proper to be specifically enforced, may be thus enforced, though a sum be

named in it as the amount to be paid in case of its breach, and the party in default is willing to pay the same. Illustration A contracts to grant B an under-lease of property held by A under C, and that he will apply to C for a licence necessary to the validity of the under-lease, and that, if the license is not procured, A will pay B Rs. 10,000. A refuses to apply for the licence and offers to pay B the Rs. 10,000. B is nevertheless entitled to have the contract specifically enforced if C consents to give the license.

(b) Contracts which cannot be specifically enforced.

Section 21. Contracts not specifically enforceable

The following contracts cannot be specifically enforced:–

(a) a contract for the non-performance of which compensation in money is an adequate relief;

(b) a contract which runs into such minute or numerous details, or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such, that the Court cannot enforce specific performance of its material terms;

(d) a contract which is in its nature revocable;

(e) a contract made by trustees either in excess of their powers or in breach of their trust;

(f) a contract made by or on behalf of a corporation or public company created for special purposes, or by the promoters of such company, which is in excess of its powers;

(g) a contract the performance of which involves the performance of a continuous duty extending over a longer period than three years from its date;

(h) a contract of which a material part of the subject-matter, supposed by both parties to exist, has, before it has been made, ceased to exist. And, save as provided by the 20[Arbitration Act, 1940], no contract to refer 21[present or future differences] to arbitration shall be specifically enforced; 22but if any person who has made such a contract 23[other than an arbitration agreement to which the provisions of the said Act apply] and has refused to perform it sues in respect of

20Substituted by the Arbitration Act, 1940 (X of 1940); and published in the Gazette of India, pages 41-52, dated 16.3.1940, s.49 and Fourth Schedule ( w.e.f. 1.7.1940).

21Substituted for the word “a controversy” by the Indian Arbitration Act, 1899 (IX of 1899); and published in the Gazette of India, Part IV, dated 4.3.1899, pages 57-60, s.21.

22The last thirty seven words of s.21, do not apply to any submission or arbitration to which the provisions of the Indian Arbitration Act, 1899 (IX of 1899); and published in the Gazette of India, Part IV, dated 4.3.1899, pages 57-60, s.21, for the time being apply (see s.3 of that Act), or to any agreement to refer to arbitration or to any award to which Schedule II of the Code of Civil Procedure, 1908, applies, see para. 22 of that Schedule.

23Inserted by the Arbitration Act, 1940 (X of 1940); and published in the Gazette of India, pages 41-52, dated 16.3.1940, s.49 and Fourth Schedule.

any subject which he has contracted to refer, the existence of such contract shall bar the suit. Illustrations to (a)– A contracts to sell, and B contracts to buy, a lakh of rupees in the four per

cent. loan of the 24[****] Government;

A contracts to sell, and B contracts to buy, 40 chests of indigo at Rs. 1,000 per chest:

In consideration of certain property having been transferred by A to B, B contracts to open a credit in A's favour to the extent of Rs. 10,000, and to honour A's drafts to that amount:

The above contracts cannot be specifically enforced, for in the first and second both A and B, and in the third A, would be reimbursed by compensation in

money. to (b)– A contracts to render personal service to B: A contracts to employ B on personal service: A, an author, contracts with B, a publisher, to complete a literary work: B cannot enforce specific performance of these contracts. A contracts to buy B's business at the amount of a valuation to be made by two valuers, one to be named by A and the other by B. A and B each name a valuer, but before the valuation is made, A instructs his valuer not to proceed: By a charter-party entered into in 25[Chittagong] between A, the owner of a 26[aeroplane], and B, the charterer, it is agreed that the 27[aeroplane] shall proceed to 28[Lahore] and there load a cargo of rice, and thence proceed to London, freight to be paid, one-third on arrival at 29[Lahore], and two-thirds on delivery of the cargo in London:

A lets land to B and contract to cultivate it in a particular manner for three years next after the date of the lease:

24The word “Federal” is omitted by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.4.

25Substituted for the words “Calcutta” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in the Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and Second Schedule.

26The word “ship” is substituted as the word “aeroplane” by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.4. 27The word “ship” is substituted as the word “aeroplane” by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.4. 28The word “Karachi” is substituted as the word “Lahore” by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.4.. 29The word “Karachi” is substituted as the word “Lahore” by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.4. Earlier substituted for the words “Rangoon” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in the Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and Second Schedule.

A and B contract, that, in consideration of annual advances to be made by A, B will for three years next after the date of the contract grow particular crops on the land in his possession and deliver them to A when cut and ready for delivery: A contracts with B that, in consideration of Rs. 1,000 to be paid to him by B, he will paint a picture for B:

A contracts with B to execute certain works which the Court cannot superintend:

A contracts to supply B with all the goods of a certain class which B may require:

A contracts with B to take from B a lease of a certain house for a specified term, at a specified rent, “if the drawing-room is handsomely decorated,” even if it is held to have so much certainty that compensation can be recovered for its breach: A contracts to marry B:

The above contracts cannot be specifically enforced. to (c)– A, the owner of a refreshment-room, contracts, with B to give him accommodation there for the sale of his goods and to furnish him with the necessary appliances. A refused to perform his contract. The case is one for compensation and not for specific performance, the amount and nature of the accommodation and appliances being undefined. to (d)– A and B contract to become partners in a certain business, the contract not specifying the duration of the proposed partnership. This contract cannot be specifically performed, for, if it were so performed, either A or B might at once dissolve the partnership. to (e)– A is a trustee of land with power to lease it for seven years. He enters into a contract with B to grant a lease of the land for seven years, with a covenant to renew the lease at the expiry of the term. This contract cannot be specifically enforced. The Directors of a company have power to sell the concern with the sanction of a general meeting of the shareholders. They contract to sell it without any such sanction. This contract cannot be specifically enforced. Two trustees, A and B, empowered to sell trust-property worth a lakh of rupees, contract to sell it to C for Rs. 30,000. The contract is so disadvantageous as to be a breach of trust. C cannot enforce its specific performance. The promoters of a company for working mines contract that the company, when formed, shall purchase certain mineral property. They take no proper precautions to ascertain the value of such property-and in fact agree to pay an extravagant price therefor. They also stipulate that the vendors shall give them a bonus out of the purchase-money. This contract cannot be specifically enforced. to (f)–

A company existing for the sole purpose of making and working a railway contract for the purchase of a piece of land for the purpose of erecting a cotton mill thereon. This contract cannot be specifically enforced. to (g)– A contracts to let for twenty-one years to B the right to use such part of a certain railway made by A as was upon B's land, and that B should have a right of running carriages over the whole line on certain terms, and might require A to supply the necessary engine-power, and that A should during the term keep the whole railway in good repair. Specific performance of this contract must be refused to B. to (h)– A contracts to pay an annuity to B for the lives of C and D. It turns out that, at the date of the contract, C, though supposed by A and B to be alive, was dead. The contract cannot be specifically performed.

Section 22. Discretion as to decreeing specific performance

The jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. The following are cases in which the Court may properly exercise a discretion not to decree specific performance:–

I. Where the circumstances under which the contract is made are such as to give the plaintiff an unfair advantage over the defendant, though there may be no fraud or misrepresentation on the plaintiff's part. Illustrations

(a) A, a tenant for life of certain property, assigns his interest therein to B. C contracts to buy, and B contracts to sell, that interest. Before the contract is completed, A receives a mortal injury from the effects of which he dies the day after the contract is executed. If B and C were equally ignorant or equally aware of the fact, B is entitled to specific performance of the contract. If B knew the fact, and C did not, specific performance of the contract should be refused to B.

(b) A contracts to sell to B the interest of C in certain stock-in-trade. It is stipulated that the sale shall stand good, even though it should turn out that C's interest is worth nothing. In fact, the value of C's interest depends on the result of certain partnership-accounts, on which he is heavily in debt to his partners. This indebtedness is known to A, but not to B. Specific performance of the contract should be refused to A.

(c) A contracts to sell, and B contracts to buy, certain land. To protect the land from floods, it is necessary for its owner to maintain an expensive embankment. B does not know of this circumstance, and A conceals it from him. Specific performance of the contract should be refused to A.

(d) A's property is put up to auction. B requests C, A's attorney, to bid for

him. C does this inadvertently and in good faith. The persons present, seeing the vendor's attorney bidding, think that he is a mere puffer and cease to compete. The lot is knocked down to B at a low price. Specific performance of the contract should he refused to B.

II. Where the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff.

(e) 30[* * * * * * * * * * * ]

(f) A and B, trustees, join their beneficiary, C. in a contract to sell the trust- estate to D, and personally agree to exonerate the estate from heavy encumbrances to which it is subject. The purchase-money is not nearly enough to discharge those encumbrances, though, at the date of the contract, the vendors believed it to be sufficient. Specific performance of the contract should be refused to D.

(g) A, the owner of an estate, contracts to sell it to B, and stipulates that he, A, shall not be obliged to define its boundary. The estate really comprises a valuable property, not known to either to be part of it. Specific performance of the contract should be refused to B unless he waives his claim to the unknown property.

(h) A contracts with B to sell him certain land, and to make a road to it from a certain railway-station. It is found afterwards that A cannot make the road without exposing himself to litigation. Specific performance of the part of the contract relating to the road should be refused to B, even though it may be held that he is entitled to specific performance of the rest with compensation for loss of the road.

(i) A, a lessee of mines, contracts, with B, his lessor, that at any time during the continuance of the lease B may give notice of his desire to take the machinery and plant used in and about the mines, and that he shall have the articles specified in his notice delivered to him at a valuation on the expiry of the lease. Such a contract might be most injuries to the lessee's business, and specific performance of it should be refused to B.

(j) A contracts to buy certain land from B. The contract is silent as to access to the land. No right of way to it can be shown to exist. Specific performance of the contract should be refused to B.

(k) A contracts with B to buy from B's manufactory and not elsewhere all the goods of a certain class used by A in his trade. The Court cannot compel B to supply the goods, but if he does not supply them, A may be ruined unless he is allowed to buy them elsewhere. Specific performance of the contract should be refused to B. The following is a case in which the Court may properly exercise a discretion to decree specific performance:–

III. Where the plaintiff had done substantial acts or suffered losses in consequence of a contract capable of specific performance. Illustration

30Omitted by the Specific Relief (Amendment) Ordinance, 1983 (XXII of 1983); and published in the Gazette of Pakistan (Extraordinary), dated 20.9.1983, s.2.

A sells land to a Railway-company, who contract to execute certain works for his convenience. The company take the land and use it for their railway. Specific performance of the contract to execute the works should be decreed in favour of A.

(d) For whom Contracts may be specifically enforced.

Section 23. Who may obtain specific performance

Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by–

(a) any party thereto;

(b) the representative-in-interest, or the principal, of any party thereto:

provided that, where the learning, skill, solvency or any personal quality of such party is a material ingredient in the contract, or where the contract provides that his interest shall not be assigned, his representative-in-interest or his principal shall not be entitled to specific performance of the contract, unless where his part thereof has already been performed;

(c) where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder;

(d) where the contract has been entered into be a tenant for life in due exercise of a power, the remainder man;

(e) a reversioner in possession, where the agreement is a covenant entered into with his predecessor-in-title and the reversioner is entitled to the benefit of such covenant;

(f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit thereof and will sustain material injury by reason of its breach;

(g) when a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company which arise out of the amalgamation;

(h) when the promoters of a public company have, before its incorporation, entered into a contract for the purposes of the company, and such contract is warranted by the terms of the incorporation, the company.

(e) For whom Contracts cannot be specifically enforced

Section 24. Personal bars to the relief

Specific performance of a contract cannot be enforced in favour of a person–

(a) who could not recover compensation for its breach;

(b) who has become incapable of performing, or violates, any essential term of the contract that on his part remains to be performed;

(d) who, previously to the contract, had notice that a settlement of the subject-matter thereof (though not found on any valuable consideration) had been made and was then in force. Illustrations to clause (a)– A, in the character of agent for B, enters into an agreement with C to buy C's

house. A is in reality acting, not as agent for B, but on his own account. A cannot enforce specific performance of this contract. to clause (b)– A contracts to sell B a house and to become a tenant thereof for a term of 14 years from the date of the sale at a specified yearly rent. A becomes insolvent. Neither he nor his assignee can enforce specific performance of the contract. A contracts to sell B a house and garden in which there are ornamental trees, a material element in the value of the property as a residence. A, without B's, consent fells the trees. A cannot enforce specific performance of the contract. A, holding land under a contract with B for a lease, commits waste, or treats the land in an unhusband like manner. A cannot enforce specific performance of the contract. A contracts to let, and B contracts to take, an unfinished house, B contracting to finish the house and the lease to contain covenants on the part of A to keep the house in repair. B finishes the house in a very defective manner: he cannot enforce the contract specifically, though A and B may sue each other for compensation for breach of it. to clause (c)– A contracts to let, and B contracts to take a house for a specified term at a specified rent. B refuses to perform the contract. A thereupon sues for, and obtains, compensation for the breach. A cannot obtain specific performance of the contract.

Section 25. Contracts to sell property by one who has no title or who is a voluntary settler

A contract for the sale or letting of property, whether movable or immovable, cannot be specifically enforced in favour of a vendor or lessor–

(a) who, knowing himself not to have any title to the property, has contracted to sell or let the same;

(b) who, though he entered into the contract believing that he had a good title to the property, cannot, at the time fixed by the parties or by the Court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt;

(c) who, previous to entering into the contract, has made a settlement (though not founded on any valuable consideration) of the subject- matter of the contract. Illustrations

(a) A, without C's authority, contracts to sell to B an estate which A knows to belong to C. A cannot enforce specific performance of this contract, even though C is willing to confirm it.

(b) A bequeaths his land to trustees declaring that they may sell it with the consent in writing of B. B gives general prospective assent in writing to any sale which the trustees may make. The trustees then enter into a contract with C to sell him the land. C refuses to carry out the contract. The trustees cannot specifically enforce this contract, as in the absence of B's consent to the particular sale to C, the title which they can give C is, as the law stands, not free from reasonable doubt.

(c) A, being in possession of certain land, contracts to sell it to Z. On inquiry it turns out that A claims the land as heir of B, who left the country several years before, and is generally believed to be dead, but of whose death there is no sufficient proof. A cannot compel Z specifically to perform the contract.

(d) A, out of natural love and affection, makes a settlement of certain property on his brothers and their issue, and afterwards enters into a contract to sell the property to stranger. A cannot enforce specific performance of this contract so as to override the settlement, and thus prejudice the interest of the persons claiming under it.

(f) For whom Contracts cannot be specifically enforced, except with a Variation.

Section 26. Non enforcement except with variation

Where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, plaintiff cannot obtain the performance sought, except with the variation so set up, in the following cases (namely):–

(a) where by fraud or mistake of fact the contract of which performance is sought is in terms different from that which the defendant supposed it to be when he entered into it;

(b) where by fraud, mistake of fact, or surprise the defendant entered into the contract under a reasonable misapprehension as to its effect as between himself and the plaintiff;

(c) where the defendant, knowing the terms of the contract and understanding its effect, has entered into it relying upon some misrepresentation by the plaintiff, or upon some stipulation on the plaintiff's part, which adds to the contract, but which he refuses to fulfill;

(d) where the object of the parties was to produce a certain legal result, which the contract as framed is not calculated to produce;

(e) where the parties have, subsequently to the execution of the contract, contracted to vary it. Illustrations

(a) A, B and C sign a writing by which they purport to contract each to enter into a bond to D for Rs. 1.000. In a suit by D, to make A, B and C separately liable each to the extent of Rs. 1.000, they prove that the word “each” was inserted by mistake; that the intention was that they should give a joint bond for Rs. 1.000. D can obtain the performance sought only with the variation thus set up.

(b) A sues B to compel specific performance of a contract in writing to buy a dwelling-house. B proves that he assumed that the contract included an adjoining yard, and the contract was so framed as to leave it doubtful whether the yard was so included or not. The Court will refuse the contract, except with the variation set up by

(c) A contracts in writing to let to B a wharf, together with a strip of A's land delineated in a map. Before signing the contract, B proposed orally that he should be at liberty to substitute for the strip mentioned in the contract another strip of A's land of the same dimensions, and to this A expressly assented. B then signed the written contract. A cannot obtain specific performance of the written contract, except with the variation set up by B.

(d) A and B enter into negotiations for the purpose of securing land for B for his life, with remainder to his issue. They execute a contract, the terms of which are found to confer an absolute ownership on B. The contract so framed cannot be specifically enforced.

(e) A contracts in writing to let a house to B, for the certain term, at the rent of Rs. 100 per month, putting it first into tenable repair. The house turns out to be not worth repairing, so, with B's consent, A pulls it down and erects a new house in its place; B contracting orally to pay rent at Rs. 120 per mensem. B then sues to enforce specific performance of the contract in writing. He cannot enforce it except with the variations made by the subsequent oral contract.

(g) Against whom contracts may be specifically enforced

Section 27. Relief against parties and persons claiming under them by subsequent title

Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against–

(a) either party thereto;

(b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract;

(c) any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant;

(d) when a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company which arises out of the amalgamation;

(e) when the promoters of a public company have, before its incorporation, entered into a contract, the company: provided that the company has ratified and adopted the contract and the contract is warranted by the terms of the incorporation. Illustrations to clause (b)– A contracts to convey certain land to B by a particular day, A dies intestate before that day without having conveyed the land. B may compel A's heir or other representatives-in-interest to perform the contract specifically.

A contracts to sell certain land to B for Rs. 5,000. A afterwards conveys the land for Rs. 6,000 to C, who has notice of the original contract. B may enforce specific performance of the contract as against C. A contracts to sell land to B for Rs. 5,000. B takes possession of the land. Afterwards A sells it to C for Rs. 6,000. C makes no inquiry of B relating to his interest in the land. B's possession is sufficient to effect C with notice of his interest, and he may enforce specific performance of the contract against C. A contracts, in consideration of Rs. 1,000, to bequeath certain of his lands to

B. Immediately after the contract A dies intestate, and C takes out administration to his estate. B may enforce specific performance of the contract against C. A contracts to sell certain land to B. Before the completion of the contract, A becomes a lunatic and C is appointed his committee. B may specifically enforce the contract against C. to clause (c)– A, the tenant for life of an estate, with remainder to B, in due exercise of a power conferred by the settlement under which he is tenant for life, contracts to sell the estate to C, who has notice of the settlement. Before the sale is completed, A

dies. C may enforce specific performance of the contract against B. A and B are joint tenants of land, his undivided moiety of which either may alienate in his lifetime, but which, subject to that right, devolves on the survivor. A contracts to sell his moiety to C and dies. C may enforce specific performance of the contract against B.

[31] Section 27A. Specific performance in case of part performance of contract to lease

Subject to the provisions of this Chapter, where a contract to lease immovable property is made in writing signed by the parties thereto or on their behalf, either party may, notwithstanding that the contract, though required to be registered, has not been registered, sue the other for specific performance of the contract if,–

(a) where specific performance is claimed by the lessor, he has delivered possession of the property to the lessee in part performance of the contract; and

(b) where specific performance is claimed by the lessee, he has, in part performance of the contract, taken possession of the property, or, being already in possession, continues in possession in part performance of the contract, and has done some act in furtherance of the contract:

Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof. This section applied to contracts to lease executed after the first day of April, 1930.]

(h) Against whom Contracts cannot be specifically enforced

31S. 27-A inserted by the Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929); and published in the Punjab Gazette, Part IV, dated 25.10.1929, pages133-153, s.3 (w.e.f.1.4.1930).

Section 28. What parties cannot be compelled to perform

Specific performance of a contract cannot be enforced against a party thereto in any of the following cases:–

(a) if the consideration to be received by him is so grossly inadequate, with reference to the state of things existing at the date of the contract, as to be either by itself or coupled with other circumstances evidence of fraud or of undue advantage taken by the plaintiff;

(b) if his assent was obtained by the misrepresentation (whether willful or innocent), concealment, circumvention or unfair practices, of any party to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled;

(c) if his assent was given under the influence of mistake of fact, misapprehension or surprise: Provided that, when the contract provides for compensation in case of mistake, compensation may be made for a mistake within the scope of such provision, and the contract may be specifically enforced in other respects if proper to be so enforced. Illustrations to clause (c)– A, one of two executors, in the erroneous belief that he had the authority of his co-executor, enters into an agreement for the sale to B of his testator's property. B cannot insist on the sale being completed. A directs an auctioneer to sell certain land. A afterwards revokes the auctioneer's authority as to 20 bighas of this land, but the auctioneer inadvertently sells the whole to B, who has no notice of the revocation. B cannot enforce specific performance of the agreement.

(i) The effect of dismissing a Suit for Specific Performance.

Section 29. Bar of suit for breach after dismissal

The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff's right to sue for compensation for the breach of such contract or part, as the case may be.

(j) Awards and Directions to execute Settlements

Section 30. Application of preceding sections to awards and testamentary directions to execute settlements

The provisions of this Chapter as to contracts shall, mutatis mutandis, apply to awards and to directions in a will or codicil to execute a particular settlement.

CHAPTER III

OF THE RECTIFICATION OF INSTRUMENTS

Section 31. When instrument may be rectified

When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not truly express their intention, either party, or his representative-in-interest, may institute a suit to have the instrument rectified; and if the Court find it clearly proved that there has been fraud or mistake in framing the instrument, and ascertain the real intention of the parties in executing the same, the Court may in its discretion rectify the

instruments so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value. Illustrations

(a) A, intending to sell to B his house and one of three godowns adjacent to it, executes a conveyance prepared by B, in which, through B’s fraud, all three godowns are included. Of the two godowns which were fraudulently included, B gives one to C and lets the other to D for a rent, neither C nor D having any knowledge of the fraud. The conveyance may, as against B and C, be rectified so as to exclude from it the godown given to C; but it cannot be rectified so as to affect D’s

lease.

(b) By a marriage settlement, A, the father of B, the intended wife, covenants with C, the intended husband, to pay to C, his executors, administrators and assigns, during A’s life, an annuity of Rs. 5,000. C dies insolvent and the official assignee claims the annuity from A. The Court, on finding it clearly proved that the parties always intended that this annuity should be paid as a provision for B and her children may rectify the settlement and decree that the assignee has no right to any Part of the annuity.

Section 32. Presumption as to intent of parties

For the purpose of rectifying a contract in writing, the Court must be satisfied that all the parties thereto intended to make an equitable and conscientious agreement.

Section 33. Principles of rectification

In rectifying a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be.

Section 34. Specific enforcement of rectified contract

A contract in writing may be first rectified and then, if the plaintiff has so prayed in his plaint and the Court thinks fit, specifically enforced. Illustration A contracts in writing to pay his attorney, B, a fixed sum in lieu of cost. The contract contains mistakes as to the name and rights of the client, which, if construed strictly, would exclude B from all rights under it. B is entitled, if the Court thinks fit, to have it rectified, and to an order for payment of the sum, as if at the time of its execution it had expressed the intention of the parties.

CHAPTER IV

OF THE RESCISSION OF CONTRACTS

Section 35. When rescission may be adjudged

Any person interested in a contract in writing 32 may sue to have it rescinded, and such rescission may be adjudged by the Court in any of the following cases, namely:–

(a) where the contract is voidable or terminable by the plaintiff;

(b) where the contract is unlawful for causes not apparent on its face, and the defendant is more to blame than the plaintiff;

(c) where a decree for specific performance of a contract of sale, or of a contract to take a lease, has been made, and the purchaser or lessee makes default in payment of the purchase-money or other sums which the Court has ordered him to pay. When the purchaser or lessee is in possession of the subject-matter, and the Court finds that such possession is wrongful, the Court may also order him to pay to the vendor or lessor the rents and profits, if any, received by him as such possessor. In the same case, the Court may, by order in the suit in which the decree has been made and not complied with, rescind the contract, either so far as regards the party in default, or altogether as the justice of the case may require. Illustrations to (a)— A sells a field to B. There is right of way over the field of which A has direct personal knowledge, but which he conceals from B. B is entitled to have the contract rescinded. to (b)– A, an attorney, induces his client B, a Hindu widow, to transfer property to him, for the purpose of defrauding B's creditor. Here the parties are not equally in fault, and B is entitled to have the instrument of transfer rescinded.

Section 36. Rescission for mistake

Rescission of a contract in writing 33 cannot to be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same position as it the contract had not been made.

Section 37. Alternative prayer for rescission in suit for specific performance

A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the Court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.

Section 38. Court may require party rescinding to do equity

On adjudging the rescission of a contract, the Court may require the party to whom such relief is granted to make any compensation to the other which justice may require.

CHAPTER V

OF THE CANCELLATION OF INSTRUMENTS

Section 39. When cancellation may be ordered

Any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable; and the Court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.

33See foot-note 1 on preceding page.

If the instrument has been registered under the 34[****] Registration Act 35, the Court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books and fact of its cancellation. Illustrations

(a) A, the owner of a ship by fraudulently representing her to be sea worthy, induces B, an underwriter, to insure her. B may obtain the cancellation of the policy.

(b) A conveys land to B, who bequeaths it to C and dies. Thereupon D gets possession of the land and produces -a forged instrument stating that the conveyance was made to B in trust for him. C may obtain the cancellation of the forged instrument.

(c) A, representing that the tenants on his land were all at will, sells it to B, and conveys to him by an instrument, dated the 1st January, 1877. Soon after that day, A fraudulently grants to C a 'lease of part of the lands, dated the 1st October, 1876, and procures the lease to be registered under the 36[****] Registration Act

37. B may obtain the cancellation of this lease.

(d) A agrees to sell and deliver a ship to B, to be paid for by B's acceptances of four bills of exchange, for sums amounting to Rs. 30,000 to be drawn by A on B. The bills are drawn and accepted, but the ship is not delivered according to the agreement. A sues B on one of the bills, B may obtain the cancellation of all the bills.

Section 40. What instruments may be partially cancelled

Where an instrument is evidence of different rights or different obligations, the Court may, in a proper case, cancel it in part and allow it to stand for the residue. Illustration A draws a bill on B who endorses it to C, by whom it appears to be endorsed to D, who endorses it to E. C's endorsement is forged. C is entitled to have such endorsement cancelled, leaving the bill to stand in other respects.

Section 41. Power to require party for whom instrument is cancelled to make compensation

On adjudging the cancellation of an instrument, the Court may require the party to whom such relief is granted to make any compensation to the other which justice may require.

CHAPTER VI

OF DECLARATORY DECREES

Section 42. Discretion of Court as to declaration of status or right

Any person entitled to any legal character, or to any right as to any property, may institute a suit

against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief: Bar to such declaration.– Provided that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. Explanation.– A trustee of property is a “person interested to deny” a title adverse to the title of some one who is not in existence, and for whom, if in existence, he would be a trustee. Illustrations

(a) A is lawfully in possession of certain land. The inhabitants of a neighbouring village claim a right of way across the land. A may sue for a declaration that they are not entitled to the right so claimed.

(b) A bequeaths his property to B, C and D, “to be equally divided amongst all and each of them, if living at the time of my death, then amongst their surviving children.” No such children are in existence. In a suit against A's executor, the Court may declare whether B, C and D took the property absolutely, or only for their lives, and it may also declare the interests of the children before their rights are vested.

(c) A covenants that, if he should at any time be entitled to property exceeding one lakh of rupees, he will settle it upon certain trusts. Before any such property accrues, or any persons entitled under the trusts are ascertained, he institutes a suit to obtain a declaration that the covenant is void for uncertainty. The Court may make the declaration.

(d) A alienates to B property in which A has merely a life interest. The alienation is invalid as against C, who is entitled as reversioner. The Court may in a suit by C against A and B declare that C is so entitled.

(e) The widow of a sonless Hindu alienates part of the property of which she is in possession as such. The person presumptively entitled to possess the property if he survive her may, in a suit against the alienee, obtain a declaration that the alienation was made without legal necessity and was therefore void beyond the widow's lifetime.

(f) A Hindu widow in possession of property adopts a son to her deceased husband. The person presumptively entitled to possession of the property on her death without a son may, in a suit against the adopted son, obtain a declaration that the adoption was invalid.

(g) A is in possession of certain property. B, alleging that he is the owner of the property, requires A to deliver it to him. A may obtain a declaration of his right to hold the property.

(h) A bequeaths property to B for his life, with remainder to B's wife and her children if any, by B, but it B dies without any wife or children, to C. B has a putative wife, D, and children, but C denies that B and D were ever lawfully married. D and her children, may, in B's lifetime, institute a suit against C and obtain therein a declaration that they are truly the wife and children of B.

Section 43. Effect of declaration

A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees. Illustration A, a Hindu, in a suit to which B, his alleged wife, and her mother, are defendants, seeks a declaration that his marriage was duly solemnized and an order for the restitution of his conjugal rights. The Court makes the declaration and order. C, claiming that B is his wife, then sues A for the recovery of B. The declaration made in the former suit is not binding upon C.

CHAPTER VII

OF THE APPOINTMENT OF RECEIVERS

Section 44. Appointment of receivers discretionary

The appointment of a receiver pending a suit is a matter resting in the discretion of the Court. Reference to Code of Civil Procedure. The mode and effect of his appointment, and his rights, powers, duties and liabilities, are regulated by the 38Code of Civil Procedure. 39[CHAPTER VIII OF THE ENFORCEMENT OF PUBLIC DUTIES ****************]

PART III

Of Preventive Relief -----------

CHAPTER IX

OF INJUNCTIONS GENERALLY

Section 52. Preventive relief how granted

Preventive relief is granted at the discretion of the Court by injunction, temporary or perpetual.

Section 53. Temporary injunctions

Temporary injunctions are such as are to continue until a specified time, or until the further order of the Court. They may be granted at any period of a suit, and are regulated by the 40[Code of Civil Procedure, 1908 (Act V of 1908)]. Perpetual injunctions.– A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby

38See now the Code of Civil Procedure, 1908 (V of 1908).

39Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1981, pages 345-475, s.2 and 3 and Second Schedule, Part III, at serial No.19.

40Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1981, pages 345-475, s.2 and 3 and Second Schedule, Part III, at serial No.19.

perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

CHAPTER X

OF PERPETUAL INJUNCTIONS

Section 54. Perpetual injunction when granted

Subject to the other provisions contained in, or referred to by, this Chapter, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly or by implication. When such obligation arises from contract, the Court shall be guided by the rules and provisions contained in Chapter II of this Act. When the defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property, the Court may grant a perpetual injunction in the following cases (namely):–

(a) where the defendant is trustee of the property for the plaintiff;

(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;

(d) where it is probable that pecuniary compensation cannot be got for the invasion;

(e) where the injunction is necessary to prevent a multiplicity of judicial proceedings. Explanation.– For the purpose of this section a trademark is property. Illustrations

(a) A lets certain land to B and B contracts not to dig sand or gravel thereout. A may sue for an injunction to restrain B from digging in violation of his contract.

(b) A trustee threatens a breach of trust. His co-trustees, if any, should, and the beneficial owners may, sue for an injunction to prevent the breach.

(c) The directors of a public company are about to pay a dividend 41 out of capital or borrowed money. Any of the shareholders may sue for an injunction to restrain them.

(d) The directors of a fire and life-insurance company are about to engage in marine insurances. Any of the share-holders may sue for an injunction to restrain

them.

(e) A, an executor, through misconduct or insolvency, is bringing the property of the deceased into danger. The Court may grant an injunction to restrain him from getting in the assets.

(f) A, a trustee for B, is about to make an imprudent sale of a small part of the trust-property. B may sue for an injunction to restrain the sale, even though compensation in money would have afforded him adequate relief.

(g) A makes a settlement (not founded on marriage or other valuable consideration) of an estate on B and his children. A then contracts to sell the estate to C. B or any of his children may sue for an injunction to restrain the sale.

(h) In the course of A's employment as a vakil, certain papers belonging to his client, B, come into his possession. A threatens to make these papers public, or to communicate their contents to a stranger. B may sue for an injunction to restrain A from so doing.

(i) A is B's medical adviser. He demands money of B which B declines to

pay. A then threatens to make known the effect of B's communications to him as a patient. This is contrary to A's duty, and B may sue for an injunction to restrain him from so doing.

(j) A, the owner of two adjoining houses, lets one to B and afterwards lets the other to C. A and C begin to make such alternations in the house let to C as will prevent the comfortable enjoyment of the house let to B. B may sue for an injunction to restrain them from so doing.

(k) A lets certain arable lands to B for the purposes of husbandry, but without any express contract as to the mode of cultivation. Contrary to the mode of cultivation customary in the district, B threatens to sow the lands with seed injurious thereto and requiring many years to eradicate. A may sue for an injunction to restrain B from sowing the lands in contravention of his implied contract to use them in a husband like manner.

(l) A, B and C are partners, the partnership being determinable at will. A threatens to do an act tending to the destruction of the partnership property. B and C may, without seeking a dissolution of the partnership, sue for an injunction to restrain A from doing the act.

(m) A, a Hindu widow in possession of her deceased husband's property, commits destruction of the property without any cause sufficient to justify her in so

doing. The heir-expectant may sue for an injunction to restrain her.

(n) A, B and C are members of an undivided Hindu family. A cuts timber growing on the family-property, and threatens to destroy part of the family-house and to sell some of the family utensils. B and C may sue for an injunction to restrain him.

(o) A, the owner of certain houses in 42[Karachi], becomes insolvent. B buys them from the Official Assignee and enters into possession. A persists in trespassing on and damaging the houses, and B is thereby compelled, at a considerable expense, to employ men to protect the possession. B may sue for an injunction to restrain further acts of trespass.

(p) The inhabitants of a village claim a right of way over A's land. In a suit against several of them, A obtains a declaratory decree that his land is subject to no

such right. Afterwards each of the other villagers sues A for obstructing his alleged right of way over the land. A may sue for an injunction to restrain them.

(q) A, in an administration-suit to which a creditor, B, is not a party, obtains a decree for the administration of C's assets. B proceeds against C's estate for his

debts. A may sue for an injunction to restrain B.

(r) A and B are in possession of contiguous lands and of the mines underneath them

43. A works his mine so as to extend under B's mine and threatens to remove certain pillars which help to support B's mine. B may sue for an injunction to restrain him from so doing.

(s) A rings bells or make some other unnecessary noise so near a house as to interfere materially and unreasonably with a physical comfort of the occupier,

B. B may sue for an injunction restraining A from making the noise.

(t) A pollutes the air with smoke so as to interfere materially with the physical comfort of B and C, who carry on business in a neighbouring house. B and C may sue for an injunction to restrain the pollution.

(u) A infringes B's patent. If the Court is satisfied that the patent is valid and has been infringed, B may obtain an injunction to restrain the infringement.

(v) A pirates B's copyright. B may obtain an injunction to restrain the piracy, unless the work of which copyright is claimed is libellous or obscene.

(w) A improperly uses the trademark of B. B may obtain an injunction to restrain the user, provided that B's use of the trademark is honest.

(x) A, a tradesman, holds out B as his partner against the wish and without the authority of B. B may sue for an injunction to restrain A from so doing.

(y) A, a very eminent man, writes letters on family-topics to B. After the death of A and B. C, who is B's residuary legatee, proposes to make money by publishing A's letters. D, who is A's executor, has a property in the letters, and may sue for an injunction to restrain C from publishing them.

(z) A carries on manufactory and B is his assistant. In the course of his business, A imparts to B a secret process of value. B afterwards demands money of A, threatening, in case of refusal, to disclose the process to C, a rival manufacturer. A may sue for an injunction to restrain B from disclosing the process.

Section 55. Mandatory injunction

When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the Court is capable of enforcing, the Court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts. Illustrations

(a) A, by new buildings, obstructs light to the access and use of which B has acquired a light under the 44[Limitation Act, 1908 (IX of 1908)] Part IV. B may

43As to the working of mines under land, the surface of which has been acquired by Government, see the Land Acquisition

(Mines) Act, 1885 (XVIII of 1885); and published in the Government Gazette, Punjab and Its Dependencies, Part IV, dated 29.10.1985, pages 71-73.

44Substituted for the words, comma and figure “Indian Contract Act, 1872” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1981, pages 345-475, s.2 and 3 and Second Schedule, Part III, at serial No.19.

obtain an injunction, not only to restrain A from going on with the buildings, but also to pull down so much of them as obstructs B's lights.

(b) A builds a house with eaves projecting over B's land. B may sue for an injunction to pull down so much of the eaves as so project.

(c) In the case put as illustration (i) to Section 54, the Court may also order all written communication made by B, as patient to A, as medical advisor, to be destroyed.

(d) In the case put as illustration (y) to Section 54, the Court may also order A's letter to be destroyed.

(e) A threatens to publish statements concerning B which would be punishable under Chapter XXI of the Pakistan Penal Code

45. The Court may grant an injunction to restrain the publication, even though it may be shown not to be injurious to B's property.

(f) A, being B's medical advisor, threatens to publish B's written communications with him, showing that B had led an immoral life. B may obtain an injunction to restrain the publication.

(g) In the cases put as illustrations (v) and (w) to Section 54 and as illustrations (e) and (f) to this section, the Court may also order the copies produced by piracy, and the trademarks, statements and communications, therein respectively mentioned, to be given up or destroyed.

Section 56. Injunction when refused

An injunction cannot be granted–

(a) to stay judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;

(b) to stay proceedings in a Court not subordinate to that from which the injunction is sought;

(d) to interfere with the public duties of any department of 46[the 47[Federal Government], 48[***] or any Provincial Government], or with the sovereign acts of a Foreign Government;

(e) to stay proceedings in any criminal matter;

(f) to prevent the breach of a contract the performance of which would not be specifically enforced;

(g) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;

45XLV of 1860

46Substituted for the words “The Government of India, or the Local Government” the Government of India (Adaptation of Indian

Laws) Order, 1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, Article 3 and Schedule I.

47Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O.4 of 1975); and published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435-466, Article 2 and Table of General Adaptations.

48Words “the Crown Representative” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O.4 of 1949); and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, Article 3 and Schedule.

(h) to prevent a continuing breach in which the applicant has acquiesced;

(i) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;

(j) when the conduct of the applicant or his agents has been such as to disentitle him to the assistance of the Court;

(k) where the applicant has no personal interest in the matter. Illustrations

(a) A seeks an injunction to restrain his partner, B, from receiving the partnership debts and effects. It appears that A had improperly possessed himself of the books of the firm and refused B access to them. The Court will refuse the injunction.

(b) A manufactures and sells crucibles, designating them as “patent plumbago crucibles”, though, in fact, they have never been patented. B pirates the designation. A cannot obtain an injunction to restrain the piracy.

(c) A sells an article called “Mexican Balm”, stating that it is compounded of diverse rare essences, and has sovereign medicinal qualities. B commences to sell a similar article to which he gives a name and description such as to lead people into the belief that they are buying A's Mexican Balm. A sues B for an injunction to restrain the sale. B shows that A's Mexican Balm consists of nothing but scented hog's lard. A's use of his description is not an honest one and he cannot obtain an injunction.

Section 57. Injunction to perform negative agreement

Notwithstanding section 56, clause (f), where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the Court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement: provided that the applicant has not failed to perform the contract so far as it is binding on him. Illustrations

(a) A contracts to sell to B for Rs. 1,000 the goodwill of a certain business unconnected with business premises, and further agrees not to carry on that business in 49[Lahore]. B pays A the Rs. 1,00 but A carries on the business in

substituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in the Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and Second Schedule.

50[Lahore]. The Court cannot compel A to send his customers to B, but B may obtain an injunction restraining A from carrying on the business in 51[Lahore].

(b) A contracts to sell to B the good-will of a business. A then sets up a similar business close by B's shop and solicit his old customers to deal with him. This is contrary to his implied contract, and B may obtain an injunction to restrain A from soliciting the customers, and from doing any act whereby their good-will may be withdrawn from B.

(c) A contracts with B to sing for twelve months at B's theatre and not to sing in public elsewhere. B cannot obtain specific performance of the contract to sing, but he is entitled to an injunction restraining A from singing at any other place of public entertainment.

(d) B contracts with A that he will serve him faithfully for twelve months as a clerk. A is not entitled to a decree for specific performance of the contract. But he is entitled to an injunction restraining B from serving a rival house as clerk.

(e) A contracts with B that, in consideration of Rs. 1,000 to be paid to him by B on a day fixed, he will not set up a certain business within a specified distance. B fails to pay the money. A cannot be restrained from carrying on the business within the specified distance. 52[SCHEDULE ****]

51The word “Karachi” is substituted as the word “Lahore” by The Specific Relief (Amendment) Act, 2012 (VI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.6. Earlier substituted for the word “Chittagong” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1981, pages 345-475, s.2 and 3 and Second Schedule, Part III, at serial No.19, and then

52Repealed by the Repealing and Amending Act, 1891 (XII of 1891); and published in the Government Gazette, Punjab and its Dependencies, Part IV, dated 9.4.1891, pages 21-67, s.2 and First Schedule, Part I.

Print contents from the source

CONTENTS 
PART I 
Preliminary 
1.  Short title. Local Extent. Commencement  
2.  Repealed 
3.  Interpretation-clause 
Words defined in Contract Act  
4.  Savings  
5.  Specific relief how given  
6.  Preventive relief  
7.  Relief not granted to enforce penal law  
PART II 
Of Specific Relief 
--------- 
CHAPTER I 
OF RECOVERING POSSESSION OF PROPERTY 
(a) Possession of Immoveable Property  
8.  Recovery of specific immoveable property  
9.  Suit by person dispossessed of immoveable property  
(b) Possession of Moveable Property  
10.  Recovery of specific moveable property  
11.  Liability of person in possession, not as owner , to deliver to person 
entitled to immediate possession 
CHAPTER II 
OF THE SPECIFIC PERFORMANCE OF CONTRACTS 
(a) Contracts which may be specifically enforced  
12.  Cases in which specific performance enforceable  
13.  Contract of which the subject has partially ceased to exist. 
14.  Specific performance of part of contract where part unperformed is 
small 
15.  Specific performance of part of contract where part unperformed is large 
16.  Specific performance of independent part of contract  
17.  Bar in other cases of specific performance of part of contract  
18.  Purchaser's rights against vendor with imperfect title  
19.  Power to award compensation in certain cases  
20.  Liquidation of damages not a bar to specific performance 
(b) Contracts which cannot be specifically enforced  
21.  Contracts not specifically enforceable 
(c) Of the Discretion of the Court  
22.  Discretion as to decreeing specific performance 
(d) For whom Contracts may be specifically enforced  
23.  Who may obtain specific performance 
(e) For whom Contracts be specifically enforced  
24.  Personal bars to the relief  
25.  Contracts to sell property by one who has no title or who is a voluntary 
settler  
(f) For whom Contacts cannot be specifically enforced, 
except with a Variation 
26.  Non enforcement except with variation 
(g) Against whom contracts may be specifically enforced  
27.  Relief against parties and persons claiming under them by subsequent 
title  
27-A.  Specific performance in case of part performance of contract to lease. 
(h) Against whom Contracts cannot be specifically enforced  
28.  What parties cannot be compelled to perform 
(i) The effect of dismissing a Suit for Specific Performance  
29.  Bar of suit for breach after dismissal 
(j) Awards and Directions to execute Settlements  
30.  Application of preceding sections to awards and testamentary directions 
to execute settlements 
CHAPTER III 
OF THE RECTIFICATION OF INSTRUMENTS  
31.  When instrument may be rectified  
32.  Presumption as to intent of parties  
33.  Principles of rectification  
34.  Specific enforcement of rectified contract 
CHAPTER IV 
OF THE RESCISSION OF CONTRACTS  
35.  When rescission may be adjudged  
36.  Rescission for mistake  
37.  Alternative prayer for rescission in suit for specific performance  
38.  Court may require party rescinding to do equity 
CHAPTER V 
OF THE CANCELLATION OF INSTRUMENTS  
39.  When cancellation may be ordered  
40.  What instruments may be partially cancelled.  
41.  Power to require party for whom instrument is cancelled to make 
compensation 
CHAPTER VI 
OF DECLARATORY DECREES  
42.  Discretion of Court as to declaration of status or right. Bar to such 
declaration  
43.  Effect of declaration  
CHAPTER VII 
OF THE APPOINTMENT OF RECEIVERS  
44.  Appointment of receivers discretionary . Reference to Code of Civil 
Procedure 
 
CHAPTER VIII 
Of The Enforcement of Public Duties 
45--51. Omitted. 
PART III 
Of Preventive Relief 
---------- 
CHAPTER IX 
OF INJUNCTIONS GENERALLY  
52.  Preventive relief how granted  
53.  Temporary injunctions. Perpetual injunctions  
CHAPTER X 
OF PERPETUAL INJUNCTIONS  
54.  Perpetual injunctions when granted  
55.  Mandatory injunctions  
56.  Injunction when refused  
57.  Injunction to perform negative agreement  
-------

Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 9b7bc9049681a796af89af22eb9415c635ca4ff3dd2deadefdc9be23cb9f60fb.

THE SPECIFIC RELIEF ACT, 1877
(I of 1877)
CONTENTS
PART I
Preliminary
1. Short title. Local Extent. Commencement
2. Repealed
3. Interpretation-clause
Words defined in Contract Act
4. Savings
5. Specific relief how given
6. Preventive relief
7. Relief not granted to enforce penal law
PART II
Of Specific Relief
---------
CHAPTER I
OF RECOVERING POSSESSION OF PROPERTY
(a) Possession of Immoveable Property
8. Recovery of specific immoveable property
9. Suit by person dispossessed of immoveable property
(b) Possession of Moveable Property
10. Recovery of specific moveable property
11. Liability of person in possession, not as owner , to deliver to person
entitled to immediate possession
CHAPTER II
OF THE SPECIFIC PERFORMANCE OF CONTRACTS
(a) Contracts which may be specifically enforced
12. Cases in which specific performance enforceable
13. Contract of which the subject has partially ceased to exist.
14. Specific performance of part of contract where part unperformed is
small
15. Specific performance of part of contract where part unperformed is large
16. Specific performance of independent part of contract
17. Bar in other cases of specific performance of part of contract
18. Purchaser's rights against vendor with imperfect title
19. Power to award compensation in certain cases
20. Liquidation of damages not a bar to specific performance
(b) Contracts which cannot be specifically enforced
21. Contracts not specifically enforceable
(c) Of the Discretion of the Court
22. Discretion as to decreeing specific performance
(d) For whom Contracts may be specifically enforced
23. Who may obtain specific performance
(e) For whom Contracts be specifically enforced
24. Personal bars to the relief
25. Contracts to sell property by one who has no title or who is a voluntary
settler
(f) For whom Contacts cannot be specifically enforced,
except with a Variation
26. Non enforcement except with variation
(g) Against whom contracts may be specifically enforced
27. Relief against parties and persons claiming under them by subsequent
title
27-A. Specific performance in case of part performance of contract to lease.
(h) Against whom Contracts cannot be specifically enforced
28. What parties cannot be compelled to perform
(i) The effect of dismissing a Suit for Specific Performance
29. Bar of suit for breach after dismissal
(j) Awards and Directions to execute Settlements
30. Application of preceding sections to awards and testamentary directions
to execute settlements
CHAPTER III
OF THE RECTIFICATION OF INSTRUMENTS
31. When instrument may be rectified
32. Presumption as to intent of parties
33. Principles of rectification
34. Specific enforcement of rectified contract
CHAPTER IV
OF THE RESCISSION OF CONTRACTS
35. When rescission may be adjudged
36. Rescission for mistake
37. Alternative prayer for rescission in suit for specific performance
38. Court may require party rescinding to do equity
CHAPTER V
OF THE CANCELLATION OF INSTRUMENTS
39. When cancellation may be ordered
40. What instruments may be partially cancelled.
41. Power to require party for whom instrument is cancelled to make
compensation
CHAPTER VI
OF DECLARATORY DECREES
42. Discretion of Court as to declaration of status or right. Bar to such
declaration
43. Effect of declaration
CHAPTER VII
OF THE APPOINTMENT OF RECEIVERS
44. Appointment of receivers discretionary . Reference to Code of Civil
Procedure

CHAPTER VIII
Of The Enforcement of Public Duties
45--51. Omitted.
PART III
Of Preventive Relief
----------
CHAPTER IX
OF INJUNCTIONS GENERALLY
52. Preventive relief how granted
53. Temporary injunctions. Perpetual injunctions
CHAPTER X
OF PERPETUAL INJUNCTIONS
54. Perpetual injunctions when granted
55. Mandatory injunctions
56. Injunction when refused
57. Injunction to perform negative agreement
-------
SCHEDULE
Repealed

TEXT
THE SPECIFIC RELIEF ACT, 1877
1
(I of 1877)
[7th February, 1877]
An
Act
to define and amend the law relating to certain kinds of Specific Relief.
Preamble.– Whereas it is expedient to define and amend the law relating to certain
kinds of specific relief obtainable in civil suits;
It is hereby enacted as follows:–
PART I
Preliminary
1. Short title.– This Act may be called the Specific Relief Act, 1877.
Local extent.–
2
[It extends to the whole of
3
[the Punjab].
Commencement.– And it shall come into force on the first day of May, 1877.
4
[2. Repeal of enactments.– * * * * * * * ]
3. Interpretation-clause.– In this Act, unless there be something repugnant in
the subject or context,–

1For the Statement and Objects and Reasons, see Gazette of India, 1875, Pt.V, P.258; for the Report of the Select Committee,
see ibid., 1876, Pt.V, p.1 445; for discussions in Counsil, see ibid., 1875, Supplement, pp.981 and 1025; ibid., 1876,
Supplement, p.1284 and ibid., 1877, Supplement, p.177.
It has been extended, by notification under s.5 of the Scheduled Districts Act, 1874 ( XIV of 1874), to the fo llowing Scheduled
Districts, namely:-
The Scheduled Districts of the
Punjab See Gazette of India, 1877, Pt.I, p.562
Sind Ditto, 1880, Pt.I,p. 676.
It has been applied to Phulera in the Excluded Area of Upper Tanawalt the extent the Act is applicable in th e N.W.F.P., subject
to certain modifications; and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from
such date and subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Law s
Regulation, 1950.
S.9 has been declared to be in force in Baluchistan by the British Balu chistan Laws Regulation, 1913 (II of 1913), s.3. (w.e.f.
18th August, 1913).
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws ) Order, 1950 (G.G.O. 3 of 1950)
(w.e.f. 15th August, 1947); and applied in the Federated Areas of Baluchistan, see Gazette of India, 15 th August, 1937, Pt. I, p.
1499.
2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 ( XXI of 1960); and pu blished in the Gazette of Pakistan
(Extraordinary), dated 9.6.1960, pages 725-845, s.3 and Second Schedule.
3 The word “Pakistan” is substituted as the words “the Punjab” by the Specific Relief (Amendment) Act, 2012 (VI of 2012) ; and
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.2
4Repealed by the Repealing and Amending Act, 1891 (XII of 1891); and published in the Government Gazette, Punjab and its
Dependencies, Part IV, dated 9.4.1891, pages 21-67, s.2 and First Schedule, Part I.
'obligation' includes every duty enforceable by law:
'trust' includes every species of express, implied, or constructive fiduciary
ownership:
'trustee' includes every person holding, expressly, by implication, or
constructively, a fiduciary character:
Illustrations
(a) Z bequeaths land to A, “not doubting that he will pay thereout an
annuity of Rs. 1,000 to B for his life”. A accepts the bequest. A is a trustee, within the
meaning of this Act, for B, to the extent of the annuity.
(b) A is the legal, medical, or spiritual adviser of B. By availing himself of
his situation as such adviser, A gains some pecuniary advantage which might
otherwise have accrued to B. A is a trustee , for B, within the meaning of this Act, of
such advantage.
(c) A, being B's banker, discloses for his own purpose, the state of B's
account. A is trustee, within the meaning of this Act , for B, of the benefit gained by
him by means of such disclosure.
(d) A, the mortgagee of certain leaseholds, renews the lease in his own
name. A is a trustee, within the meaning of this Act, of the renewed lease, for those
interested in the original lease.
(e) A, one of several partners, is employed to purchase goods for the firm.
A, unknown to his co -partners, supplies them, at the ma rket price, with goods
previously bought by himself when the price was lower, and thus makes a
considerable profit. A is a trustee for his co -partners, within the meaning of this Act,
of the profit so made.
(f) A, the manager of B's i ndigo-factory, becomes agent for C, a vendor of
indigo-seed, and receives, without B's assent, commission on the seed purchased
from C for the factory. A is a trustee, within the meaning of this Act, for B, of the
commission so received.
(g) A buys certain land with notice that B has already contracted to buy it.
A is a trustee, within the meaning of this Act, for B, of the land so bought.
(h) A buys land from B, having notice that C is in occupation of the land. A
omits to make any inquiry as to the nature of C's interest there in. A is a trustee,
within the meaning of this Act, for C, to the extent of that interest.
“settlement” means any instrument (other than a will or codicil as defined by
the (Indian Succession Act
5
) whereby the destination or devolution of successive
interests in movable or immovable property is disposed of or is agreed to be
disposed of:
Words defined in Contract Act .– and all words occurring in this Act, which
are defined in the Contract Act, 1872
6
, shall be deemed to have the meanings
respectively assigned to them by the Act.

5See now the Su ccession Act, 1925 ( XXXIX of 1925); and published in the Gazette of India, Part IV, dated10.101925, pages
69-127
6IX of 1877
4. Savings.– Except where it is herein otherwise expressly enacted, nothing in
this Act shall be deemed–
(a) to give any right to relief in respect of any agreement which is not a
contract;
(b) to deprive any person of any right to r elief, other than specific
performance, which he may have under any contract; or
(c) to affect the operation of the
7
[****]Registration Act] on documents.
5. Specific relief how given.– Specific relief is given–
(a) by taking possession of certain property and delivering it to a claimant;
(b) by ordering a party to do the very act which he is under an obligation to
do;
(c) by preventing a party from doing that which he is under an obligation
not to do;
(d) by determining and declaring the rights of parties otherwise than by an
award of compensation; or
(e) by appointing a receiver.
6. Preventive relief .– Specific relief granted under clause (c) of section 5 is
called preventive relief.
7. Relief not granted to enforce penal law .– Specific relief cannot be g ranted
for the mere purpose of enforcing a penal law.
PART II
Of Specific Relief
-------------
CHAPTER I
OF RECOVERING POSSESSION OF PROPERTY
(a) Possession of Immoveable Property
8. Recovery of specific immov eable property .– A person entitled to the
possession of specific immoveable property may recover it in the manner prescribed
by the Code of Civil Procedure
8
.
9
[9. Suit by person dispossessed of immov eable property.– If any person is
dispossessed without his consent of immov eable property otherwise tha n in due

7The word “Indian” is omitted by The Specific Relief (Am endment) Act, 2012 (VI of 2012); and publis hed in the Punjab Gazette
(Extraordinary), dated 11.2.2012, pages 40197-40198, s.3.
8See now the Code of Civil Procedure, 1908 (V of 1908).
9But see as to tenancies in the Punjab, the Punjab Tenancy Act, 1887 (XVI of 1887), s.51.
course of law, he or any person claiming through him may, by suit
10
[***] recover
possession thereof, notwithstanding any other title that may be set up in such suit.
Nothing in this section shall bar any person from suing to establish his title to
such property and to recover possession thereof.
No suit under this section shall be brought against
11
[the
12
[Federal
Government],
13
[***] or any Provincial Government.]
No appeal shall lie from any order or decree passed in any suit instituted
under this section, nor shall any review of any such order or decree be allowed.]
(b) Possession of Moveable Property
10. Recovery of Specific mov eable property .– A person entitled to the
possession of specific mov eable property may recover the same in the manner
prescribed by the Code of Civil Procedure.
14

Explanation I.– A trustee may sue under this section for the possession of property
to the beneficial interest in which the person for whom he is trustee is entitled.
Explanation 2.– A special or temporary right to the present possession of property is
sufficient to support a suit under this section.
Illustrations
(a) A bequeaths land to B for his life, with remainder to C. A dies. B enters
on the land, but C, without B's consent, obtains possession of the title -deeds. B may
recover them from C.
(b) A pledges certain jewels to B to secure a loan. B disposes of them
before he is entitled to do so. A, without having paid or tendered the amount of the
loan, sues B for possession of the jewels. The suit should be dismissed , as A is not
entitled to their possession, whatever right he may have to secure their safe custody.
(c) A receives a letter addressed to him by B. B gets back the letter
without A's consent. A has such a property therein as entitles him to recover it from
B.
(d) A deposits books and papers for safe custody with B. B loses them and
C finds them, but refuses to deliver them to B when demanded. B may recover them
from C, subject to C's right, if any, under section 168 of the Contract Act, 1872
15
.

10The words “instituted wit hin six months from the date of the dispossession” rep ealed by the Repealing and Amending Act,
1891 (XII of 1891); and published in the Government Gazette, Punjab and its Dependencies, Part IV, dated 9 .4.1891, s.2 and
First Schedule, Part I.
11The original words “the Government” were first substituted by the Government of India (Adaptation of Indian Laws) Order,
1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, Article 3 and Schedule I.
12Substituted for the words “Cen tral Government.” by the Federal Adaptation of Laws Order, 1975 (P.O.4 of 1975); and
published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975, pages 435 -466, Article 2 and Table of General
Adaptations.
13Words “the Crown Representative” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O.4 of 1949);
and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, Article 3 and Schedule.
14See now the Code of Civil Procedure, 1908 (V of 1908).
15IX of 1872
(e) A, a warehouse-keeper, is charged with the delivery of certain goods to
Z, which B takes out of A's possession. A may sue B for the goods.
11. Liability of person in possession, not as owner, to deliver to person
entitled to immediate possession .– Any person having the possession or control
of a particular article of movable property, of which he is not the owner, may be
compelled specifically to deliver it to the person entitled to its immediate possession,
in any of the following cases:–
(a) when the thing claimed is held by the defendant as the agent or trustee
of the claimant;
(b) when compensation in money would not afford the claimant adequate
relief for the loss of the thing claimed;
(c) when it would be extremely difficult to ascertain the actual damage
caused by its loss;
(d) when the possession of the thing claimed has been wrongfully
transferred from the claimant.
Illustrations
of clause (a)–
A, proceeding to Europe, leaves his furniture in charge of B as his agent
during his absence. B, without A's authori ty, pledges the furniture to C, and C,
knowing that B has no right to pledge the furniture, advertises it for sale. C may be
compelled to deliver the furniture to A, for he holds it as A's trustee.
of clause (b)–
Z has got possession of an idol belonging t o A's family, and of which A is the
proper custodian. Z may be compelled to deliver the idol to A.
of clause (c)–
A is entitled to a picture by a dead painter and a pair of a rare China vases. B
has possession of them. The articles are of too special a cha racter to bear an
ascertainable market-value. B may be compelled to deliver them to A.
CHAPTER II
OF THE SPECIFIC PERFORMANCE OF CONTRACTS
(a) Contracts which may be specifically enforced.
12. Cases in which specific performance enforceable .– Except as oth erwise
provided in this Chapter, the specific performance of any contract may in the
discretion of the Court be enforced–
(a) when the act agreed to be done is in the performance, wholly or partly,
of a trust;
(b) when
16
[their] exists no standard for ascer taining the actual damage
caused by non-performance of the act agreed to be done;

16See should read “there”.
(c) when the act agreed to be done is such that pecuniary compensation
for its non-performance would not afford adequate relief; or
(d) when it is probable that pecuniary com pensation cannot be got for the
non-performance of the act agreed to be done.
Explanation.– Unless and until the contrary is proved, the Court shall presume that
the breach of a contract to transfer immovable property cannot be adequately
relieved by compe nsation in money, and that the breach of a contract to transfer
movable property can be thus relieved.
Illustrations
of clause (a)–
17
[* * * * * * * * * * * * * ]
of clause (b)–
A agrees to buy, and B agrees to sell, a picture by a dead painter and two
rare China vases. A may compel B specifically to perform this contract, for there is
no standard for ascertaining the actual damage which would be caused by its non -
performance.
of clause (c)–
A contracts with B to sell him a house for Rs. 1,000. B is entitl ed to a decree
directing A to convey the house to him, he paying the purchase-money.
In consideration of being released from certain obligations imposed on it by its
Act of Incorporation, a Railway -Company contract with Z to make an arch way
through their railway to connect lands of Z served by the railway, to construct a road
between certain specified points, to pay a certain annual sum towards the
maintenance of this road, and also to construct a siding and a wharf as specified in
the contract. Z is entitled to have this contract specifically enforced, for his interest in
its performance cannot be adequately compensated for by money: and the Court
may appoint a proper person to superintend the construction of the archway, road,
siding and wharf.
A contracts to sell and B contracts to buy, a certain number of Railway shares
of a particular description. A refuses to complete the sale. B may compel A
specifically to perform this agreement, for the shares are limited in number and not
always to be had in the ma rket, and their possession carries with it the status of a
share holder, which cannot otherwise be procured.
A contracts with B to paint a picture for B who , agrees to pay therefor e Rs.
1,000. The picture is painted, B is entitled to have it delivered to h im on payment or
tender of the Rs. 1,000.
of clause (d)–
A transfers without endorsement, but for valuable consideration, a promissory
note to B. A becomes insolvent, and C is appointed his assignee. B may compel C to

17Omitted by the Federal Laws (Revision & Declaration) Ordinance, 1981 (XXVII of 1981); and published in the Gazette of
Pakistan (Extraordinary), dated 6.7.1981, pages 345-475, s.2 and 3 and Second Schedule, Part III, at serial No.19.
endorse the note, for C has succeeded to A's liabilities, and a decree for pecuniary
compensation for not endorsing the note would be fruitless.
13. Contract of which the subject has partially ceased to exist .–
Notwithstanding anything contained in section 56 of the Contract Act
18
, a contract i s
not wholly impossible of performance because a portion of its subject matter, existing
at its date, has ceased to exist at the time of the performance.
19
[* * * * * * * * * * * * * ]
14. Specific performance of part of contract where part unperformed is
small.– Where a party to a contract is unable to perform the whole of his part of it,
but the part which must be left unperformed bears only a small proportion to the
whole in value, and admits of compensation in money, the Court may, at the suit of
either party, direct the specific performance of so much of the contract as can be
performed, and award compensation in money for the deficiency.
Illustrations
(a) A contracts to sell B a piece of a land consisting of 100 bighas. It turns
out that 98 bighas of the land belong to A, and the two remaining bighas to a
stranger, who refuses to part with them. The two bighas are not necessary for the
use or enjoyment of the 98 bighas, nor so important for such use or enjoyment that
the loss of them may not be made go od in money. A may be directed at the suit of B
to convey to B the 98 bighas and to make compensation to him for not conveying the
two remaining bighas; or B may be directed, at the suit of A, to pay to A, on receiving
the conveyance and possession of the land, the stipulated purchase -money less a
sum awarded as compensation for the deficiency.
(b) In a contract for the sale and purchase of a house and lands for two
lakhs of rupees, it is agreed that part of the furniture should be taken at a valuation.
The Court may direct specific performance of the contract notwithstanding the
parties are unable to agree as to the valuation of the furniture, and may either have
the furniture valued in the suit and included it in the decree for specific performance,
or may confine its decree to the house.
15. Specific performance of part of contract where part unperformed is
large.– Where a party to a contract is unable to perform the whole of his part of it,
and the part which must be left unperformed forms a considerable portion of the
whole, or does not admit of compensation in money, he is not entitled to obtain a
decree for specific performance. But the Court may, at the suit of the other party
direct the party in default to perform specifically so much of his part of the contract as
he can perform, provided that the plaintiff relinquishes all claim to further
performance, and all right to compensation either for the deficiency, or for the loss or
damage sustained by him through the default of defendant.
Illustrations

18IX of 1872
19Omitted by the Specific Relief (Amendment) Ordinance, 1983 (XXII of 1983); and published in the Gazette of Pakistan
(Extraordinary), dated 20.9.1983, s.3.
(a) A contracts to sell to B a piece of land consisting of 100 bighas. It turns
out that 50 bighas of the land belong to A, and the other 50 bighas to a stranger, who
refuses to part with them. A cannot obtain a decree against B for the specific
performance of the contract; but if B is willing to pay the price agreed upon, and to
take the 50 bighas which belong to A, waiving all rights to compensation either for
the deficiency or for loss sustained by him through A's neglect or default, B is entitled
to a dec ree directing A to convey those 50 bighas to him on payment of the
purchase-money.
(b) A contracts to sell to B an estate with a house and garden for a lakh of
rupees. The garden is important for the enjoyment of the house. It turns out that A is
unable to convey the garden. A cannot obtain a decree against B for the specific
performance of the contract, but if B is willing to pay the price agreed upon, and to
take the estate and house without the garden, waiving all rights to compensation
either for the deficiency 'or for loss sustained by him through A's neglect or default. B
is entitled to a decree directing A to convey the house to him on payment of the
purchase-money.
16. Specific performance of independent part of contract .– When a part of a
contract which, taken by itself, can and ought to be specifically performed, stands on
a separate and independent footing from another part of the same contract which
cannot or ought not to be specifically performed, the Court may direct specific
performance of the former part.
17. Bar in other cases of specific performance of part of contract .– The
Court shall not direct the specific performance of a part of a contract except in cases
coming under one or other of the three last preceding sections.
18. Purchaser's rights against vendor with imperfect title .– Where a person
contract to sell or let certain property, having only an imperfect title thereto, the
purchaser or lessee (except as otherwise provided by this Cha pter) has the following
rights:–
(a) if the vendo r or lessor has subsequently to the sale or lease acquired
any interest in the property, the purchaser or lessee may compel him to
make good the contract out of such interest;
(b) where the concurrence of other persons is necessary to validate the
title, and they are bound to convey at the vendor's or lessor's request,
the purchaser or lessee may compel him to procure such concurrence;
(c) where the vendor professes to sell unencumbered property, but the
property is mortgaged for an amount not exceeding the purchase-
money, and the vendor has in fact only a right to redeem it, the
purchaser may compel him to redeem the mortgage and to obtain a
conveyance from the mortgagee;
(d) where the vendor or lessor sues for specific performance of the
contract, and the suit is dismissed on the ground of his imperfect title,
the defendant has a right to a return of his deposit (if any) with interest
thereon, to his costs of the suit, and to a lien for such deposit, interest
and costs on the interest of the vendor or lesso r in the property agreed
to be sold or let.
19. Power to award compensation in certain cases .– Any person suing for the
specific performance of a contract may also ask for compensation for its breach,
either in addition to, or substitution for, such performance.
If in any such suit the Court decides that specific performance ought not to be
granted, but that there is a contract between the parties which has been broken by
the defendant and that the plaintiff is entitled to compensation for that breach, it s hall
award him compensation accordingly.
If in any such suit the Court decides that specific performance ought to be
granted, but that it is not sufficient to satisfy the justice of the case, and that some
compensation for breach of the contract should als o be made to the plaintiff, it shall
award him such compensation accordingly.
Compensation awarded under this section may be assessed in such manner
as the Court may direct.
Explanation.– The circumstance that the contract has become incapable of specific
performance does not preclude the Court from exercising the jurisdiction conferred
by this section.
Illustrations
of the second paragraph–
A contracts to sell a hundred maunds of rice to B. B brings a suit to compel A
to perform the contract or to pay comp ensation. The Court is of opinion that A has
made a valid contract and has broken it, without excuse, to the injury of B, but that
specific performance is not the proper remedy. It shall award to B such
compensation as it deems just.
of the third paragraph–
A contracts with B to sell him a house for Rs. 1,000, the price to be paid and
the possession given on the 1st January 1877. A fails to perform his part of the
contract, and B brings his suit for specific performance and compensation, which is
decided in his favour on the 1st January, 1878. The decree may, besides ordering
specific performance, award to B compensation for any loss which he has sustained
by A's refusal.
of the Explanation–
A, a purchaser, sues B, his vendor, for specific performance of a c ontract for
the sale of a patent. Before the hearing of the suit the patent expires. The Court may
award A compensation for the non -performance of the contract, and may, if
necessary, amend the plaint for that purpose.
A sues for the specific performance o f a resolution passed by the Directors of
a public company, under which he was entitled to have a certain number of shares
allotted to him, and for compensation for the non -performance of the resolution. All
the shares had been allotted before the institut ion of the suit. The Court may, under
this section, award A compensation for the non-performance.
20. Liquidation of damages not a bar to specific performance .– A contract,
otherwise proper to be specifically enforced, may be thus enforced, though a sum be
named in it as the amount to be paid in case of its breach, and the party in default is
willing to pay the same.
Illustration
A contracts to grant B an under -lease of property held by A under C, and that
he will apply to C for a licence necessary to the v alidity of the under-lease, and that,
if the license is not procured, A will pay B Rs. 10,000. A refuses to apply for the
licence and offers to pay B the Rs. 10,000. B is nevertheless entitled to have the
contract specifically enforced if C consents to give the license.
(b) Contracts which cannot be specifically enforced.
21. Contracts not specifically enforceable .– The following contracts c annot be
specifically enforced:–
(a) a contract for the non-performance of which compensation in money is
an adequate relief;
(b) a contract which runs into such minute or numerous details, or which
is so dependent on the personal qualifications or volition of the parties,
or otherwise from its nature is such, that the Court cannot enforce
specific performance of its material terms;
(c) a contract the terms of which the Court cannot find with reasonable
certainty;
(d) a contract which is in its nature revocable;
(e) a contract made by trustees either in excess of their powers or in
breach of their trust;
(f) a contract mad e by or on behalf of a corporation or public company
created for special purposes, or by the promoters of such company,
which is in excess of its powers;
(g) a contract the performance of which involves the performance of a
continuous duty extending over a longer period than three years from
its date;
(h) a contract of which a material part of the subject -matter, supposed by
both parties to exist, has, before it has been made, ceased to exist.
And, save as provided by the
20
[Arbitration Act, 1940], no contra ct to refer
21
[present or future differences] to arbitration shall be specifically enforced;
22
but if any
person who has made such a contract
23
[other than an arbitration agreement to which
the provisions of the said Act apply] and has refused to perform it s ues in respect of

20Substituted by the Arbitration Act, 1940 ( X of 1940); and published in the Gazette of India , pages 41-52, dated 16.3.1940,
s.49 and Fourth Schedule ( w.e.f. 1.7.1940).
21Substituted for the word “a controversy” by the Indian Arbitration Act, 1899 (IX of 1899); and published in the Gazette of India,
Part IV, dated 4.3.1899, pages 57-60, s.21.
22The last thirty seven words of s.21, do not apply to any submission or arbitration to which the provisions of the Indian
Arbitration Act, 1899 (IX of 1899); and published in the Gazette of India, Part IV, dated 4.3.1899, pages 57-60, s.21, for the time
being apply (see s.3 of that Act), or to any agreement to refer to arbitration or to any award to which Sch edule II of the Code of
Civil Procedure, 1908, applies, see para. 22 of that Schedule.
23Inserted by the Arbitration Act, 1940 (X of 1940); and published in the Gazette of India, pages 41-52, dated 16.3.1940, s.49
and Fourth Schedule.
any subject which he has contracted to refer, the existence of such contract shall bar
the suit.
Illustrations
to (a)–
A contracts to sell, and B contracts to buy, a lakh of rupees in the four per
cent. loan of the
24
[****] Government;
A contracts to sell, and B contracts to buy, 40 chests of indigo at Rs. 1,000
per chest:
In consideration of certain property having been transferred by A to B, B
contracts to open a credit in A's favour to the extent of Rs. 10,000, and to honour A's
drafts to that amount:
The above contracts cannot be specifically enforced, for in the first and
second both A and B, and in the third A, would be reimbursed by compensation in
money.
to (b)–
A contracts to render personal service to B:
A contracts to employ B on personal service:
A, an author, contracts with B, a publisher, to complete a literary work:
B cannot enforce specific performance of these contracts.
A contracts to buy B's business at the amount of a valuation to be made by
two valuers, one to be named by A and the other by B. A and B each name a valuer,
but before the valuation is made, A instructs his valuer not to proceed:
By a charter -party entered into in
25
[Chittagong] between A, the owner of
a
26
[aeroplane], and B, the charterer, it is agreed that the
27
[aeroplane] shall proceed to
28
[Lahore] and there load a cargo of rice, and thence proceed to London, freight to be
paid, one -third on arrival at
29
[Lahore], and two -thirds on delivery of the cargo in
London:
A lets land to B and contract to cultivate it i n a particular manner for three
years next after the date of the lease:

24The word “Federal” is omitted by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published in the Punjab Gazette
(Extraordinary), dated 11.2.2012, pages 40197-40198, s.4.
25Substituted for the words “Calcutta” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in
the Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and Second Schedule.
26The word “ship” is substitute d as the word “aeroplane” by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.4.
27The word “ship” is substituted as the word “aeroplane” by the Specific Relie f (Am endment) Act, 2012 (VI of 2012); and
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.4.
28The word “Karachi” is substituted as the word “Lahore” by the Specific Relief (Amendment) Act, 2012 (VI of 2012) ; and
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.4..
29The word “Karachi” is substituted as the word “Lahore” by the Specific Relief (Amendment) Act, 2012 (VI of 2012) ; and
published in the Punjab Gazette (Extraordinary), da ted 11.2.2012, pages 40197 -40198, s.4. Earlier substituted for the words
“Rangoon” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in the Gazette of Pakistan
(Extraordinary), dated 9.6.1960, pages 725-845, s.3 and Second Schedule.
A and B contract, that, in consideration of annual advances to be made by A,
B will for three years next after the date of the contract grow particular crops on the
land in his possession and deliver them to A when cut and ready for delivery:
A contracts with B that, in consideration of Rs. 1,000 to be paid to him by B,
he will paint a picture for B:
A contracts with B to execute certain work s which the Court cannot
superintend:
A contr acts to supply B with all the goods of a certain class which B may
require:
A contracts with B to take from B a lease of a certain house for a specified
term, at a specified rent, “if the drawing -room is handsomely decorated,” even if it is
held to have so much certainty that compensation can be recovered for its breach:
A contracts to marry B:
The above contracts cannot be specifically enforced.
to (c)–
A, the owner of a refreshment -room, contracts, with B to give him
accommodation there for the sale of h is goods and to furnish him with the necessary
appliances. A refused to perform his contract. The case is one for compensation and
not for specific performance, the amount and nature of the accommodation and
appliances being undefined.
to (d)–
A and B cont ract to become partners in a certain business, the contract not
specifying the duration of the proposed partnership. This contract cannot be
specifically performed, for, if it were so performed, either A or B might at once
dissolve the partnership.
to (e)–
A is a trustee of land with power to lease it for seven years. He enters into a
contract with B to grant a lease of the land for seven years, with a covenant to renew
the lease at the expiry of the term. This contract cannot be specifically enforced.
The Directors of a company have power to sell the concern with the sanction
of a general meeting of the shareholders. They contract to sell it without any such
sanction. This contract cannot be specifically enforced.
Two trustees, A and B, empowered to sell tr ust-property worth a lakh of
rupees, contract to sell it to C for Rs. 30,000. The contract is so disadvantageous as
to be a breach of trust. C cannot enforce its specific performance.
The promoters of a company for working mines contract that the company,
when formed, shall purchase certain mineral property. They take no proper
precautions to ascertain the value of such property -and in fact agree to pay an
extravagant price therefor. They also stipulate that the vendors shall give them a
bonus out of the purchase-money. This contract cannot be specifically enforced.
to (f)–
A company existing for the sole purpose of making and working a railway
contract for the purchase of a piece of land for the purpose of erecting a cotton mill
thereon. This contract cannot be specifically enforced.
to (g)–
A contracts to let for twenty -one years to B the right to use such part of a
certain railway made by A as was upon B 's land, and that B should have a right of
running carriages over the whole line on certain terms, and m ight require A to supply
the necessary engine -power, and that A should during the term keep the whole
railway in good repair. Specific performance of this contract must be refused to B.
to (h)–
A contracts to pay an annuity to B for the lives of C and D. I t turns out that, at
the date of the contract, C, though supposed by A and B to be alive, was dead. The
contract cannot be specifically performed.
(c) Of the Discretion of the Court
22. Discretion as to decreeing specific performance .– The jurisdiction to
decree specific performance is discretionary, and the Court is not bound to grant
such relief merely because it is lawful to do so; but the discretion of the Court is not
arbitrary but sound and reasonable, guided by judicial principles and capable of
correction by a Court of appeal.
The following are cases in which the Court may properly exercise a discretion
not to decree specific performance:–
I. Where the circumstances under which the contract is made are such as to
give the plaintiff an unfair advantag e over the defendant, though there may be no
fraud or misrepresentation on the plaintiff's part.
Illustrations
(a) A, a tenant for life of certain property, assigns his interest therein to B.
C contracts to buy, and B contracts to sell, that interest. Befo re the contract is
completed, A receives a mortal injury from the effects of which he dies the day after
the contract is executed. If B and C were equally ignorant or equally aware of the
fact, B is entitled to specific performance of the contract. If B kn ew the fact, and C
did not, specific performance of the contract should be refused to B.
(b) A contracts to sell to B the interest of C in certain stock -in-trade. It is
stipulated that the sale shall stand good, even though it should turn out that C's
interest is worth nothing. In fact, the value of C's interest depends on the result of
certain partnership -accounts, on which he is hea vily in debt to his partners. This
indebtedness is known to A, but not to B. Specific performance of the contract
should be refused to A.
(c) A contracts to sell, and B contracts to buy, certain land. To protect the
land from floods, it is necessary for its owner to maintain an expensive embankment.
B does not know of this circumstance, and A conceals it from him. Specific
performance of the contract should be refused to A.
(d) A's property is put up to auction. B requests C, A's attorney, to bid for
him. C does this inadvertently and in good faith. The persons present, seeing the
vendor's attorney bidding, think that he is a mer e puffer and cease to compete. The
lot is knocked down to B at a low price. Specific performance of the contract should
he refused to B.
II. Where the performance of the contract would involve some hardship
on the defendant which he did not foresee, wherea s its non -performance would
involve no such hardship on the plaintiff.
(e)
30
[* * * * * * * * * * * ]
(f) A and B, trustees, join their beneficiary, C. in a contract to sell the trust-
estate to D, and personally agree to exonerate the estate from heavy e ncumbrances
to which it is subject. The purchase -money is not nearly enough to discharge those
encumbrances, though, at the date of the contract, the vendors believed it to be
sufficient. Specific performance of the contract should be refused to D.
(g) A, the owner of an estate, contracts to sell it to B, and stipulates that
he, A, shall not be obliged to define its boundary. The estate really comprises a
valuable property, not known to either to be part of it. Specific performance of the
contract should be refused to B unless he waives his claim to the unknown property.
(h) A contracts with B to sell him certain land, and to make a road to it from
a certain railway -station. It is found afterwards that A cannot make the road without
exposing himself to litigation. Specific performance of the part of the contract relating
to the road should be refused to B, even though it may be held that he is entitled to
specific performance of the rest with compensation for loss of the road.
(i) A, a lessee of mines, cont racts, with B, his lessor, that at any time
during the continuance of the lease B may give notice of his desire to take the
machinery and plant used in and about the mines, and that he shall have the articles
specified in his notice delivered to him at a v aluation on the expiry of the lease. Such
a contract might be most injuries to the lessee's business, and specific performance
of it should be refused to B.
(j) A contracts to buy certain land from B. The contract is silent as to
access to the land. No rig ht of way to it can be shown to exist. Specific performance
of the contract should be refused to B.
(k) A contracts with B to buy from B's manufactory and not elsewhere all
the goods of a certain class used by A in his trade. The Court cannot compel B to
supply the goods, but if he does not supply them, A may be ruined unless he is
allowed to buy them elsewhere. Specific performance of the contract should be
refused to B.
The following is a case in which the Court may properly exercise a discretion
to decree specific performance:–
III. Where the plaintiff had done substantial acts or suffered losses in
consequence of a contract capable of specific performance.
Illustration

30Omitted by the Specific Relief (Amendment) Ordinance, 1983 (XXII of 1983); and published in the Gazette of Pakistan
(Extraordinary), dated 20.9.1983, s.2.
A sells land to a Railway -company, who contract to execute certain works for
his conve nience. The company take the land and use it for their railway. Specific
performance of the contract to execute the works should be decreed in favour of A.
(d) For whom Contracts may be specifically enforced.
23. Who may obtain specific performance .– Except as otherwise provided by
this Chapter, the specific performance of a contract may be obtained by–
(a) any party thereto;
(b) the representative -in-interest, or the principal, of any party thereto:
provided that, where the learning, skill, solvency or any personal quality
of such party is a material ingredient in the contract, or where the
contract provides that his interest shall not be assigned, his
representative-in-interest or his principal shall not be entitled to specific
performance of the contract, unless where his part thereof has already
been performed;
(c) where the contract is a settlement on marriage, or a compromise of
doubtful rights between members of the same family, any person
beneficially entitled thereunder;
(d) where the contract has be en entered into be a tenant for life in due
exercise of a power, the remainder man;
(e) a reversioner in possession, where the agreement is a covenant
entered into with his predecessor -in-title and the reversioner is entitled
to the benefit of such covenant;
(f) a reversioner in remainder, where the agreement is such a covenant,
and the reversioner is entitled to the benefit thereof and will sustain
material injury by reason of its breach;
(g) when a public company has entered into a contract and subsequent ly
becomes amalgamated with another public company, the new
company which arise out of the amalgamation;
(h) when the promoters of a public company have, before its incorporation,
entered into a contract for the purposes of the company, and such
contract is warranted by the terms of the incorporation, the company.
(e) For whom Contracts cannot be specifically enforced
24. Personal bars to the relief .– Specific performance of a contract cannot be
enforced in favour of a person–
(a) who could not recover compensation for its breach;
(b) who has become incapable of performing, or violates, any essential
term of the contract that on his part remains to be performed;
(c) who has already chosen his remedy and obtained satisfaction for the
alleged breach of contract; or
(d) who, previously to the contract, had notice that a settlement of the
subject-matter thereof (though not found on any valuable
consideration) had been made and was then in force.
Illustrations
to clause (a)–
A, in the character of agent for B, ent ers into an agreement with C to buy C's
house. A is in reality acting, not as agent for B, but on his own account. A cannot
enforce specific performance of this contract.
to clause (b)–
A contracts to sell B a house and to become a tenant thereof for a ter m of 14
years from the date of the sale at a specified yearly rent. A becomes insolvent.
Neither he nor his assignee can enforce specific performance of the contract.
A contracts to sell B a house and garden in which there are ornamental trees,
a material element in the value of the property as a residence. A, without B's,
consent fells the trees. A cannot enforce specific performance of the contract.
A, holding land under a contract with B for a lease, commits waste, or treats
the land in an unhusband like manner. A cannot enforce specific performance of the
contract.
A contracts to let, and B contracts to take, an unfinished house, B contracting
to finish the house and the lease to contain covenants on the part of A to keep the
house in repair. B finishes the house in a very defective manner: he cannot enforce
the contract specifically, though A and B may sue each other for compensation for
breach of it.
to clause (c)–
A contracts to let, and B contracts to take a house for a specified term at a
specified rent. B refuses to perform the contract. A thereupon sues for, and obtains,
compensation for the breach. A cannot obtain specific performance of the contract.
25. Contracts to sell property by one who has no title or who is a voluntary
settler.– A contract for the sale or letting of property, whether movable or
immovable, cannot be specifically enforced in favour of a vendor or lessor–
(a) who, knowing himself not to have any title to the property, has
contracted to sell or let the same;
(b) who, though he entered into the contract believing that he had a good
title to the property, cannot, at the time fixed by the parties or by the
Court for the completion of the sale or letting, give the purchaser or
lessee a title free from reasonable doubt;
(c) who, prev ious to entering into the contract, has made a settlement
(though not founded on any valuable consideration) of the subject -
matter of the contract.
Illustrations
(a) A, without C's authority, contracts to sell to B an estate which A knows
to belong to C. A cannot enforce specific performance of this contract, even though
C is willing to confirm it.
(b) A bequeaths his land to trustees declaring that they may sell it with the
consent in writing of B. B gives general prospective assent in writing to any sale
which the trustees may make. The trustees then enter into a contract with C to sell
him the land. C refuses to carry out the contract. The trustees cannot specifically
enforce this contract, as in the absence of B's consent to the particular sale to C, the
title which they can give C is, as the law stands, not free from reasonable doubt.
(c) A, being in possession of certain land, contracts to sell it to Z. On
inquiry it turns out that A claims the land as heir of B, who left the country several
years before, and is generally believed to be dead, but of whose death there is no
sufficient proof. A cannot compel Z specifically to perform the contract.
(d) A, out of natural love and affection, makes a settlement of certain
property on his brothers and their iss ue, and afterwards enters into a contract to sell
the property to stranger. A cannot enforce specific performance of this contract so as
to override the settlement, and thus prejudice the interest of the persons claiming
under it.
(f) For whom Contracts cannot be specifically enforced, except with a
Variation.
26. Non enforcement except with variation .– Where a plaintiff seeks specific
performance of a contract in writing, to which the defendant sets up a variation,
plaintiff cannot obtain the performance s ought, except with the variation so set up, i n
the following cases (namely):–
(a) where by fraud or mistake of fact the contract of which performance is
sought is in terms different from that which the defendant supposed it
to be when he entered into it;
(b) where by fraud, mistake of fact, or surprise the defendant entered into
the contract under a reasonable misapprehension as to its effect as
between himself and the plaintiff;
(c) where the defendant, knowing the terms of the contract and
understanding its effect, has entered into it relying upon some
misrepresentation by the plaintiff, or upon some stipulation on the
plaintiff's part, which adds to the contract, but which he refuses to fulfill;
(d) where the object of the parties was to produce a certai n legal result,
which the contract as framed is not calculated to produce;
(e) where the parties have, subsequently to the execution of the contract,
contracted to vary it.
Illustrations
(a) A, B and C sign a writing by which they purport to contract each to
enter into a bond to D for Rs. 1.000. In a suit by D, to make A, B and C separately
liable each to the extent of Rs. 1.000, they prove that the word “each” was inserted
by mistake; that the intention was that they should give a joint bond for Rs. 1.000. D
can obtain the performance sought only with the variation thus set up.
(b) A sues B to compel specific performance of a contract in writing to buy
a dwelling-house. B proves that he assumed that the contract included an adjoining
yard, and the contract was so framed as to leave it doubtful whether the yard was so
included or not. The Court will refuse the contract, except with the variation set up by
B.
(c) A contracts in writing to let to B a wharf, together with a strip of A's land
delineated in a map. Before signing the contract, B proposed orally that he should be
at liberty to substitute for the strip mentioned in the contract another strip of A's land
of the same dimensions, and to this A expressly assented. B then signed the written
contract. A can not obtain specific performance of the written contract, except with
the variation set up by B.
(d) A and B enter into negotiations for the purpose of securing land for B
for his life, with remainder to his issue. They execute a contract, the terms of whic h
are found to confer an absolute ownership on B. The contract so framed cannot be
specifically enforced.
(e) A contracts in writing to let a house to B, for the certain term, at the rent
of Rs. 100 per month, putting it first into tenable repair. The house turns out to be not
worth repairing, so, with B's consent , A pulls it down and erects a new house in its
place; B contracting orally to pay rent at Rs. 120 per mensem. B then sues to
enforce specific performance of the contract in writing . He cannot enfo rce it except
with the variations made by the subsequent oral contract.
(g) Against whom contracts may be specifically enforced
27. Relief against parties and persons claiming under them by subsequent
title.– Except as otherwise provided by this Chapter, s pecific performance of a
contract may be enforced against–
(a) either party thereto;
(b) any other person claiming under him by a title arising subsequently to
the contract, except a transferee for value who has paid his money in
good faith and without notice of the original contract;
(c) any person claiming under a title which, though prior to the contract
and known to the plaintiff, might have been displaced by the defendant;
(d) when a public company has entered into a contract and subsequently
becomes a malgamated with another public company, the new
company which arises out of the amalgamation;
(e) when the promoters of a public company have, before its incorporation,
entered into a contract, the company: provided that the company has
ratified and adopte d the contract and the contract is warranted by the
terms of the incorporation.
Illustrations
to clause (b)–
A contracts to convey certain land to B by a particular day, A dies intestate
before that day without having conveyed the land. B may compel A's he ir or other
representatives-in-interest to perform the contract specifically.
A contracts to sell certain land to B for Rs. 5,000. A afterwards conveys the
land for Rs. 6,000 to C, who has notice of the original contract. B may enforce
specific performance of the contract as against C.
A contracts to sell land to B for Rs. 5,000. B takes possession of the land.
Afterwards A sells it to C for Rs. 6,000. C makes no inquiry of B relating to his
interest in the land. B's possession is sufficient to effect C wi th notice of his interest,
and he may enforce specific performance of the contract against C.
A contracts, in consideration of Rs. 1,000, to bequeath certain of his lands to
B. Immediately after the contract A dies intestate, and C takes out administration to
his estate. B may enforce specific performance of the contract against C.
A contracts to sell certain land to B. Before the completion of the contract, A
becomes a lunatic and C is appointed his committee. B may specifically enforce the
contract against C.
to clause (c)–
A, the tenant for life of an estate, with remainder to B, in due exercise of a
power conferred by the settlement under which he is tenant for life, contracts to sell
the estate to C, who has notice of the settlement. Before the sale is completed, A
dies. C may enforce specific performance of the contract against B.
A and B are joint tenants of land, his undivided moiety of which either may
alienate in his life time, but which, subject to that right, devolves on the survivor. A
contracts to sell his moiety to C and dies. C may enforce specific performance of the
contract against B.
31
[27-A. Specific performance in case of part performance of contract to lease .–
Subject to the provisions of this Chapter, where a contract to lease immovable
property is made in writing signed by the parties thereto or on their behalf, either
party may, notwithstanding that the contract, though required to be registered, has
not been registered, sue the other for specific performance of the contract if,–
(a) where specific performance is claimed by the lessor, he has delivered
possession of the property to the lessee in part performance of the
contract; and
(b) where specific performance is claimed by the lessee, he has, in part
performance of the contract, taken possession of the property, or,
being already in possession, continues in possession in part
performance of the contract, and has done some act in furtherance of
the contract:
Provided that nothing in this section shall a ffect the rights of a transferee fo r
consideration who has no notice of the contract or of the part performance thereof.
This section applied to contracts to lease executed after the first day of April,
1930.]
(h) Against whom Contracts cannot be specifically enforced

31S. 27 -A ins erted by the Transfer of Property (Amend ment) Supplementary Act, 1929 ( XXI of 1 929); and published in the
Punjab Gazette, Part IV, dated 25.10.1929, pages133-153, s.3 (w.e.f.1.4.1930).
28. What parties canno t be compelled to perform .– Specific performance of a
contract cannot be enforced against a party thereto in any of the following cases:–
(a) if the consideration to be received by him is so grossly inadequate, with
reference to the state of things existing at the date of the contract, as to
be either by itself or coupled with other circumstances evidence of
fraud or of undue advantage taken by the plaintiff;
(b) if his assent was obtained by the misrepresentation (whether willful or
innocent), concealment, circumvention or unfair practices, of any party
to whom performance would become due under the contract, or by any
promise of such party which has not been substantially fulfilled;
(c) if his assent was given under the influence of mistake of fact,
misapprehension or surprise: Provided that, when the contract provides
for compensation in case of mistake, compensation may be made for a
mistake within the scope of such provision, and the contract may be
specifically enforced in other respects if proper to be so enforced.
Illustrations
to clause (c)–
A, one of two executors, in the erroneous belief that he had the authority of
his co-executor, enters into an agreement for the sale to B of his testator's property.
B cannot insist on the sale being completed.
A directs an auctioneer to sell certain land. A afterwards revokes the
auctioneer's authority as to 20 bighas of this land, but the auctioneer inadvertently
sells the whole to B, who has no notice of the revocation. B cannot enforce specific
performance of the agreement.
(i) The effect of dismissing a Suit for Specific Performance.
29. Bar of suit for breach after dismissal .– The dismissal of a suit for specific
performance of a contract or part thereof shall bar the plaintiff's right to sue for
compensation for the breach of such contract or part, as the case may be.
(j) Awards and Directions to execute Settlements
30. Application of preceding sections to awards and testamentary directions
to execute settlements .– The provisions of this Chapter as to contract s shall,
mutatis mutandis, apply to awards and to directions in a will or codicil to execute a
particular settlement.
CHAPTER III
OF THE RECTIFICATION OF INSTRUMENTS
31. When instrument may be rectified .– When, through fraud or a mutual
mistake of the parties, a contract or other instrument in writing does not truly express
their intention, either party, or his representative -in-interest, may institute a suit to
have the instrument rectified; and if the Court find it clearly proved that there has
been fraud or mistake in framing the instrument, and ascertain the real intention of
the parties in executing the same, the Court may in its discretion rectify the
instruments so as to express that intention, so far as this can be done without
prejudice to rights acquired by third persons in good faith and for value.
Illustrations
(a) A, intending to sell to B his house and one of three godowns adjacent
to it, executes a conveyance prepared by B, in which, through B’s fraud, all three
godowns are included. Of the two godowns which were fraudulently included, B
gives one to C and lets the other to D for a rent, neither C nor D having any
knowledge of the fraud. The conveyance may, as against B and C, be rectified so as
to exclude from it the godown given to C; but it c annot be rectified so as to affect D’s
lease.
(b) By a marriage settlement, A, the father of B, the intended wife,
covenants with C, the intended husband, to pay to C, his executors, administrators
and assigns, during A’s life, an annuity of Rs. 5,000. C dies insolvent and the official
assignee claims the annuity from A. The Court, on finding it clearly proved that the
parties always intended that this annuity should be paid as a provision for B and her
children may rectify the settlement and decree that t he assignee has no right to any
Part of the annuity.
32. Presumption as to intent of parties .– For the purpose of rectifying a
contract in writing, the Court must be satisfied that all the parties thereto intended to
make an equitable and conscientious agreement.
33. Principles of rectification.– In rectifying a written instrument, the Court may
inquire what the instrument was intended to mean, and what were intended to be its
legal consequences, and is not confined to the inquiry what the language of the
instrument was intended to be.
34. Specific enforcement of rectified contract .– A contract in writing may be
first rectified and then, if the plaintiff has so prayed in his plaint and the Court thinks
fit, specifically enforced.
Illustration
A contracts in writing to pay his attorney, B, a fixed sum in lieu of cost. The
contract contains mistakes as to the name and rights of the client, which, if construed
strictly, would exclude B from all rights under it. B is entitled, if the Court thinks fit, to
have it rectified, and to an order for payment of the sum, as if at the time of its
execution it had expressed the intention of the parties.
CHAPTER IV
OF THE RESCISSION OF CONTRACTS
35. When rescission may be adjudged .– Any person interested in a contract in
writing
32
may sue to have it rescinded, and such rescission may be adjudged by the
Court in any of the following cases, namely:–
(a) where the contract is voidable or terminable by the plaintiff;

32The words “in writing” are repealed wherever the Transfer of Property Act, 1882 (IV of 1882); and published in the Gazette of
India, Part IV, dated 18.2.1882, pages 127-148, is in force, see ss. 1 and 2 of that Act.
(b) where the contract is unlawful for causes not apparent on it s face, and
the defendant is more to blame than the plaintiff;
(c) where a decree for specific performance of a contract of sale, or of a
contract to take a lease, has been made, and the purchaser or lessee
makes default in payment of the purchase -money or other sums which
the Court has ordered him to pay.
When the purchaser or lessee is in possession of the subject -matter, and the
Court finds that such possession is wrongful, the Court may also order him to pay to
the vendor or lessor the rents and profits, if any, received by him as such possessor.
In the same case, the Court may, by order in the suit in which the decree has
been made and not complied with, rescind the contract, either so far as regards the
party in default, or altogether as the justice of the case may require.
Illustrations
to (a)—
A sells a field to B. There is right of way over the field of which A has direct
personal knowledge, but which he conceals from B. B is entitled to have the contract
rescinded.
to (b)–
A, an attorney, induces hi s client B, a Hindu widow , to transfer property to
him, for the purpose of defrauding B's creditor. Here the parties are not equally in
fault, and B is entitled to have the instrument of transfer rescinded.
36. Rescission for mistake .– Rescission of a cont ract in writing
33
cannot to be
adjudged for mere mistake, unless the party against whom it is adjudged can be
restored to substantially the same position as it the contract had not been made.
37. Alternative prayer for rescission in suit for specific perfor mance.– A
plaintiff instituting a suit for the specific performance of a contract in writing may pray
in the alternative that, if the contract cannot be specifically enforced, it may be
rescinded and delivered up to be cancelled; and the Court, if it refus es to enforce the
contract specifically, may direct it to be rescinded and delivered up accordingly.
38. Court may require party rescinding to do equity .– On adjudging the
rescission of a contract, the Court may require the party to whom such relief is
granted to make any compensation to the other which justice may require.
CHAPTER V
OF THE CANCELLATION OF INSTRUMENTS
39. When cancellation may be ordered .– Any person against whom a written
instrument is void or voidable, who has reasonable apprehension that such
instrument, if left outstanding, may cause him serious injury, may sue to have it
adjudged void or voidable; and the Court may, in its discretion, so adjudge it and
order it to be delivered up and cancelled.

33See foot-note 1 on preceding page.
If the instrument has been registered unde r the
34
[****] Registration Act
35
, the
Court shall also send a copy of its decree to the officer in whose office the instrument
has been so registered; and such officer shall note on the copy of the instrument
contained in his books and fact of its cancellation.
Illustrations
(a) A, the owner of a ship by fraudulently representing her to be sea
worthy, induces B, an underwriter, to insure her. B may obtain the cancellation of the
policy.
(b) A conveys land to B, who bequeaths it to C and dies. Thereupon D
gets possession of the land and produces -a forged instrument stating that the
conveyance was made to B in trust for him. C may obtain the cancellation of the
forged instrument.
(c) A, representing that the tenants on his land were all at will, sells it to B,
and conveys to him by an instrument, dated the 1st January, 1877. Soon after that
day, A fraudulently grants to C a 'lease of part of the lands, dated the 1st October,
1876, and procures the lease to be registered under the
36
[****] Registration Act
37
. B
may obtain the cancellation of this lease.
(d) A agrees to sell and deliver a ship to B, to be paid for by B's
acceptances of four bills of exchange, for sums amounting to Rs. 30,000 to be drawn
by A on B. The bills are drawn and accepted, but the ship is no t delivered according
to the agreement. A sues B on one of the bills, B may obtain the cancellation of all
the bills.
40. What instrument s may be partially cancelled .– Where an instrument is
evidence of different rights or different obligations, the Court may, in a proper case,
cancel it in part and allow it to stand for the residue.
Illustration
A draws a bill on B who endorses it to C, by whom it appears to be endorsed
to D , who endorses it to E. C's endorsement is forged. C is entitled to have such
endorsement cancelled, leaving the bill to stand in other respects.
41. Power to require party for whom instrument is cancelled to make
compensation.– On adjudging the cancellation of an instrument, the Court may
require the party to whom such relief is granted to make any compensation to the
other which justice may require.
CHAPTER VI
OF DECLARATORY DECREES
42. Discretion of Court as to declaration of status or right .– Any person
entitled to any legal character, or to any right as to any property, may institute a suit

34The word “Indian” is omitted by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published in the Punjab Gazette
(Extraordinary), dated 11.2.2012, pages 40197-40198, s.5
35See now the Registration Act, 1908 (XVI of 1908); and published in the Gazette of India, dated 19.12.1908, pages 231-246.
36The word “Indian” is omitted by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published i n the Punjab Gazette
(Extraordinary), dated 11.2.2012, pages 40197-40198, s.5
37See now the Registration Act, 1908 (XVI of 1908); and published in the Gazette of India, dated 19.12.1908, pages 231-246.
against any person denying, or interested to deny, his title to such character or right,
and the Court may in its discretion make therein a declaration that he is so entitled,
and the plaintiff need not in such suit ask for any further relief:
Bar to such declaration .– Provided that no Court shall make any such
declaration where the plaintiff, being able to seek further relief than a mere
declaration of title, omits to do so.
Explanation.– A trustee of property is a “person interested to deny” a title adverse to
the title of some one who is not in existence, and for whom, if in existence, he would
be a trustee.
Illustrations
(a) A is lawfully in possession of certain land. The inhabitants of a
neighbouring village claim a right of way across the land. A may sue for a declaration
that they are not entitled to the right so claimed.
(b) A bequeaths his property to B, C and D, “to be equally divided amongst
all and each of them, if living at the time of my death, then amongst their surviving
children.” No such children are in existence. In a suit against A's executor, the Court
may declare whether B, C and D took the property absolutely, or only for their lives,
and it may also declare the interests of the children before their rights are vested.
(c) A covenants that, if he should at any time be entitled to property
exceeding one lakh of rupees, he will settle it upon certain trusts. Before any such
property accrues, or any persons entitled under the trusts are ascertained, he
institutes a suit to obtain a declaration that the covenant is void for uncertainty. The
Court may make the declaration.
(d) A alienates to B property in which A has merely a life interest. The
alienation is invalid as against C, who is entitled as reversioner. The Court may in a
suit by C against A and B declare that C is so entitled.
(e) The widow of a sonless Hindu alienates part of the property of which
she is in possession as such. The person presumptively entitled to possess the
property if he survive her may, in a suit again st the alienee, obtain a declaration that
the alienation was made without legal necessity and was therefore void beyond the
widow's lifetime.
(f) A Hindu widow in possession of property adopts a son to her deceased
husband. The person presumptively entit led to possession of the propert y on her
death without a son may, in a suit against the adopted son, obtain a declaration that
the adoption was invalid.
(g) A is in possession of certain property. B, alleging that he is the owner
of the property, requires A to deliver it to him. A may obtain a declaration of his right
to hold the property.
(h) A bequeaths property to B for his life, with remainder to B's wife and
her children if any, by B, but it B dies without any wife or children, to C. B has a
putative wife, D, and children, but C denies that B and D were ever lawfully married.
D and her children, may, in B's lifetime, institute a suit against C and obtain therein a
declaration that they are truly the wife and children of B.
43. Effect of declaration.– A declaration made under this Chapter is binding only
on the parties to the suit, persons claiming through them respectively, and, where
any of the parties are trustees, on the persons for whom, if in existence at the date of
the declaration, such parties would be trustees.
Illustration
A, a Hindu, in a suit to which B, his alleged wife, and her mother, are
defendants, seeks a declaration that his marriage was duly solemnized and an order
for the restitution of his conjugal rights. The Court makes the decla ration and order.
C, claiming that B is his wife, then sues A for the recovery of B. The declaration
made in the former suit is not binding upon C.
CHAPTER VII
OF THE APPOINTMENT OF RECEIVERS
44. Appointment of receivers discretionary .– The appointment of a receiver
pending a suit is a matter resting in the discretion of the Court.
Reference to Code of Civil Procedure . The mode and effect of his
appointment, and his rights, powers, duties and liabilities, are regulated by the
38
Code
of Civil Procedure.
39
[CHAPTER VIII
OF THE ENFORCEMENT OF PUBLIC DUTIES
****************]
PART III
Of Preventive Relief
-----------
CHAPTER IX
OF INJUNCTIONS GENERALLY
52. Preventive relief how granted.– Preventive relief is granted at the discretion
of the Court by injunction, temporary or perpetual.
53. Temporary injunctions.– Temporary injunctions are such as are to continue
until a specified time, or until the further order of the Court. They may be granted at
any period of a suit, and are regulated by the
40
[Code of Civil Procedure, 1908 (Act V
of 1908)].
Perpetual injunctions .– A perpetual injunction can only be granted by the
decree made at the hearing and upon the merits of the suit; the defendant is thereby

38See now the Code of Civil Procedure, 1908 (V of 1908).
39Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981) ; and published in the Gazette of
Pakistan (Extraordinary), dated 6.7.1981, pages 345-475, s.2 and 3 and Second Schedule, Part III, at serial No.19.
40Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in the Gazette of
Pakistan (Extraordinary), dated 6.7.1981, pages 345-475, s.2 and 3 and Second Schedule, Part III, at serial No.19.
perpetually enjoined from the assertion of a right, or from the commi ssion of an act,
which would be contrary to the rights of the plaintiff.
CHAPTER X
OF PERPETUAL INJUNCTIONS
54. Perpetual injunction when granted .– Subject to the other provisions
contained in, or referred to by, this Chapter, a perpetual injunction may be granted to
prevent the breach of an obligation existing in favour of the applicant, whether
expressly or by implication.
When such obligation arises from contract, the Court shall be guided by the
rules and provisions contained in Chapter II of this Act.
When the defendant invades or threatens to invade the plaintiff's right to, or
enjoyment of, property, the Court may grant a perpetual injunction i n the following
cases (namely):–
(a) where the defendant is trustee of the property for the plaintiff;
(b) where there exists no standard for ascertaining the actual damage
caused, or likely to be caused, by the invasion;
(c) where the invasion is such that pecuniary compensation would not
afford adequate relief;
(d) where it is probable that pecuniary compensati on cannot be got for the
invasion;
(e) where the injunction is necessary to prevent a multiplicity of judicial
proceedings.
Explanation.– For the purpose of this section a trademark is property.
Illustrations
(a) A lets certain land to B and B contracts n ot to dig sand or gravel
thereout. A may sue for an injunction to restrain B from digging in violation of his
contract.
(b) A trustee threatens a breach of trust. His co -trustees, if any , should,
and the beneficial owners may, sue for an injunction to prevent the breach.
(c) The directors of a public company are about to pay a dividend
41
out of
capital or borrowed money. Any of the shareholders may sue for an injunction to
restrain them.
(d) The directors of a fire and life -insurance company are about to engage
in marine insurances. Any of the share -holders may sue for an injunction to restrain
them.
(e) A, an executor, through misconduct or insolvency, is bringing the
property of the deceased into danger. The Court may grant an injunction to restrain
him from getting in the assets.

41A Railway Company may, however, pay interest on its paid-up share capital out of capital, for a certain period and subject to
certain restrictions and conditions: see the Indian Railway Companies Act, 1895 (X of 1895), s.3.
(f) A, a trustee for B, is about to make an imprudent sale of a small part of
the trust -property. B may sue for an injunction to restrain the sale, even though
compensation in money would have afforded him adequate relief.
(g) A makes a settlement (not founded on marriage or other valuable
consideration) of an estate on B and his children. A then contracts to sell the estate
to C. B or any of his children may sue for an injunction to restrain the sale.
(h) In the course of A's employment as a vakil, certain papers belonging to
his client, B, come into his possession. A threatens to make these papers public, or
to communicate their contents to a stranger. B may sue for an injunction to restrain A
from so doing.
(i) A is B's me dical adviser. He demands money of B which B declines to
pay. A then threatens to make known the effect of B's communications to him as a
patient. This is contrary to A's duty, and B may sue for an injunction to restrain him
from so doing.
(j) A, the owner of two adjoining houses, lets one to B and afterwards lets
the other to C. A and C begin to make such alternations in the house let to C as will
prevent the comfortable enjoyment of the house let to B. B may sue for an injunction
to restrain them from so doing.
(k) A lets certain arable lands to B for the purposes of husbandry, but
without any express contract as to the mode of cultivation. Contrary to the mode of
cultivation customary in the district, B threatens to sow the lands with seed injurious
thereto and requiring many years to eradicate. A may sue for an injunction to restrain
B from sowing the lands in contravention of his implied contract to use them in a
husband like manner.
(l) A, B and C are partners, the partnership being determinable at w ill. A
threatens to do an act tending to the destruction of the partnership property. B and C
may, without seeking a dissolution of the partnership, sue for an injunction to restrain
A from doing the act.
(m) A, a Hindu widow in possession of her deceased husband's property,
commits destruction of the property without any cause sufficient to justify her in so
doing. The heir-expectant may sue for an injunction to restrain her.
(n) A, B and C are members of an undivided Hindu family. A cuts timber
growing on the family-property, and threatens to destroy part of the family-house and
to sell some of the family utensils. B and C may sue for an injunction to restrain him.
(o) A, the owner of certain houses in
42
[Karachi], becomes insolvent. B
buys them from the Official Assignee and enters into possession. A persists in
trespassing on and damaging the houses, and B is thereby compelled, at a
considerable expense, to employ men to protect the possession. B may sue for an
injunction to restrain further acts of trespass.
(p) The inhabitants of a village claim a right of way over A's land. In a suit
against several of them, A obtains a declaratory decree that his land is subject to no

42Earlier substituted for the word “Chittagong” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of
1981); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1981, pages 345 -475, s.2 and 3 and Second
Schedule, Part III, at serial No.19, and then substituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960); and published in the Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725 -845, s.3 and Second
Schedule.
such right. Afterwards each of the other villagers sues A for obstructing his alle ged
right of way over the land. A may sue for an injunction to restrain them.
(q) A, in an administration-suit to which a creditor, B, is not a party, obtains
a decree for the administration of C's assets. B proceeds against C's estate for his
debts. A may sue for an injunction to restrain B.
(r) A and B are in possession of contiguous lands and of the mines
underneath them
43
. A works his mine so as to extend under B's mine and threatens to
remove certain pillars which help to support B's mine. B may sue f or an injunction to
restrain him from so doing.
(s) A rings bells or make some other unnecessary noise so near a house
as to interfere materially and unreasonably with a physical comfort of the occupier,
B. B may sue for an injunction restraining A from making the noise.
(t) A pollutes the air with smoke so as to interfere materially with the
physical comfort of B and C, who carry on business in a neighbouring house. B and
C may sue for an injunction to restrain the pollution.
(u) A infringes B's patent. If the Court is satisfied that the patent is valid
and has been infringed, B may obtain an injunction to restrain the infringement.
(v) A pirates B's copyright. B may obtain an injunction to restrain the
piracy, unless the work of which copyright is claimed is libellous or obscene.
(w) A improperly uses the trademark of B. B may obtain an injunction to
restrain the user, provided that B's use of the trademark is honest.
(x) A, a tradesman, holds out B as his partner against the wish and without
the authority of B. B may sue for an injunction to restrain A from so doing.
(y) A, a very eminent man, writes letters on family -topics to B. After the
death of A and B. C, who is B's residuary legatee, proposes to make money by
publishing A's letters. D, who is A's executor, has a property in the letters, and may
sue for an injunction to restrain C from publishing them.
(z) A carries on manufactory and B is his assistant. In the course of his
business, A imparts to B a secret process of value. B afterwards deman ds money of
A, threatening, in case of refusal, to disclose the process to C, a rival manufacturer.
A may sue for an injunction to restrain B from disclosing the process.
55. Mandatory injunction .– When, to prevent the breach of an obligation, it is
necessary to compel the performance of certain acts which the Court is capable of
enforcing, the Court may in its discretion grant an injunction to prevent the breach
complained of, and also to compel performance of the requisite acts.
Illustrations
(a) A, by n ew buildings, obstructs light to the access and use of which B
has acquired a light under the
44
[Limitation Act, 1908 (IX of 1908)] Part IV. B may

43As to the working of mines under land, the surface of which has been acquir ed by Government, see the Land Acquisition
(Mines) Act, 1885 (XVIII of 1885); and published in the Government Gazette, Punjab and Its Dependencies, Part IV, dated
29.10.1985, pages 71-73.
44Substituted for the words, comma and figure “Indian Contract Act, 1 872” by the Federal Laws (Revision and Declaration)
Ordinance, 1981 (XXVII of 1981); and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1981, pages 345-475, s.2
and 3 and Second Schedule, Part III, at serial No.19.
obtain an injunction, not only to restrain A from going on with the buildings, but also
to pull down so much of them as obstructs B's lights.
(b) A builds a house with e aves projecting over B's land. B may sue for an
injunction to pull down so much of the eaves as so project.
(c) In the case put as illustration (i) to Section 54, the Court may also order
all wri tten communication made by B, as patient to A, as medical advisor, to be
destroyed.
(d) In the case put as illustration (y) to Section 54, the Court may also
order A's letter to be destroyed.
(e) A threatens to publish statements concerning B which would be
punishable under Chapter XXI of the Pakistan Penal Code
45
. The Court may grant an
injunction to restrain the publication, even though it may be shown not to be injurious
to B's property.
(f) A, being B's medical advisor, threatens to publish B's writte n
communications with him, showing that B had led an immoral life. B may obtain an
injunction to restrain the publication.
(g) In the cases put as illustrations (v) and (w) to Section 54 and as
illustrations (e) and (f) to this section, the Court may also order the copies produced
by piracy, and the trademarks, statements and communications, therein respectively
mentioned, to be given up or destroyed.
56. Injunction when refused.– An injunction cannot be granted–
(a) to stay judicial proceeding pending at the institution of the suit in which
the injunction is sought, unless such restraint is necessary to prevent a
multiplicity of proceedings;
(b) to stay proceedings in a Court not subordinate to that from which the
injunction is sought;
(c) to restrain persons from applying to any legislative body;
(d) to interfere with the public duties of any department of
46
[the
47
[Federal
Government],
48
[***] or any Provincial Government ], or with the
sovereign acts of a Foreign Government;
(e) to stay proceedings in any criminal matter;
(f) to prevent the breach of a contract the performance of which would not
be specifically enforced;
(g) to prevent, on the ground of nuisance, an act of which it is not
reasonably clear that it will be a nuisance;

45XLV of 1860
46Substituted for the words “The Government of India, or the Local Government” the Government of India (Adaptation of Indian
Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, Article 3 and
Schedule I.
47Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P .O.4 of 1975); and
published in the Gazette of Pakistan (Extraordinary), dated 1.8.1975 , pages 435 -466, Article 2 and Table of General
Adaptations.
48Words “the Crown Representative” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O.4 of 1949);
and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, Article 3 and Schedule.
(h) to prevent a continuing breach in which the applicant has acquiesced;
(i) when equally efficacious relief can certainly be obtained by any other
usual mode of proceeding except in case of breach of trust;
(j) when the conduct of the applicant or his agents has been such as to
disentitle him to the assistance of the Court;
(k) where the applicant has no personal interest in the matter.
Illustrations
(a) A seeks an injunction to restrain his partner, B, from receiving the
partnership debts and effects. It appears that A had improp erly possessed himself of
the books of the firm and refused B access to them. The Court will refuse the
injunction.
(b) A manufactures and sells crucibles, designating them as “patent
plumbago crucibles”, though, in fact, they have never been patented. B p irates the
designation. A cannot obtain an injunction to restrain the piracy.
(c) A sells an article called “Mexican Balm”, stating that it is compounded
of diverse rare essences, and has sovereign medicinal qualities. B commences to
sell a similar article to which he gives a name and description such as to lead people
into the belief that they are buying A's Mexican Balm. A sues B for an injunction to
restrain the sale. B shows that A's Mexican Balm consists of nothing but scented
hog's lard. A's use of hi s description is not an honest one and he cannot obtain an
injunction.
57. Injunction to perform negative agreement .– Notwithstanding section 56,
clause (f), where a contract comprises an affirmative agreement to do a certain act,
coupled with a negative a greement, express or implied, not to do a certain act, the
circumstance that the Court is unable to compel specific performance of the
affirmative agreement shall not preclude it from granting an injunction to perform the
negative agreement: provided that the applicant has not failed to perform the
contract so far as it is binding on him.
Illustrations
(a) A contracts to sell to B for Rs. 1,000 the goodwill of a certain business
unconnected with business premises, and further agrees not to carry on that
business in
49
[Lahore]. B pays A the Rs. 1,00 but A carries on the business in

49The word “Karachi” is substituted as the word “Lahore” by The Specific Relief (Am endment) Act, 2012 (VI of 2012) ; and
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197 -40198, s.6. Earlier substituted for the word
“Chittagong” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in the Gazette of
Pakistan (Extraordinary), dated 6.7.1981, pages 345 -475, s.2 and 3 and Second Schedule, Part III, at serial No.19, and then
substituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinan ce, 1960 (XXI of 1960); and published in the
Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and Second Schedule.
50
[Lahore]. The Court cannot compel A to send his customers to B, but B may obtain
an injunction restraining A from carrying on the business in
51
[Lahore].
(b) A contracts to sell to B the good -will of a business. A then sets up a
similar business close by B's shop and solicit his old customers to deal with him. This
is contrary to his implied contract, and B may obtain an injunction to restrain A from
soliciting the customers, and fro m doing any act whereby their good -will may be
withdrawn from B.
(c) A contracts with B to sing for twelve months at B's theatre and not to
sing in public elsewhere. B cannot obtain specific performance of the contract to
sing, but he is entitled to an inj unction restraining A from singing at any other place
of public entertainment.
(d) B contracts with A that he will serve him faithfully for twelve months as
a clerk. A is not entitled to a decree for specific performance of the contract. But he
is entitled to an injunction restraining B from serving a rival house as clerk.
(e) A contracts with B that, in consideration of Rs. 1,000 to be paid to him
by B on a day fixed, he will not set up a certain business within a specified distance.
B fails to pay the money. A cannot be restrained from carrying on the business within
the specified distance.
52
[SCHEDULE ****]

50The word “Karachi” is substituted as the word “Lahore” by The Specific Relief (Am endment) Act, 2012 (VI of 2012); and
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197 -40198, s.6. Earlier substituted for the word
“Chittagong” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in the Gazette of
Pakistan (Extraordinary), dated 6.7.1981, pages 345 -475, s.2 and 3 and Second Schedule, Part III, at serial No.19, and then
substituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in the
Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and Second Schedule.
51The word “Karachi” is substituted as the word “Lahore” by The Specific Relief (Am endment) Act, 2012 (VI of 2012); and
published in the Punjab Gazette (Extraordinary), dated 11. 2.2012, pages 40197 -40198, s.6. Earlier substituted for the word
“Chittagong” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981); and published in the Gazette of
Pakistan (Extraordinary), dated 6.7.1981, pages 345 -475, s.2 and 3 and Second Schedule, Part III, at serial No.19, and then
substituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in the
Gazette of Pakistan (Extraordinary), dated 9.6.1960, pages 725-845, s.3 and Second Schedule.
52Repealed by the Repealing and Amending Act, 1891 (XII of 1891) ; and published in the Government Gazette, Punjab and its
Dependencies, Part IV, dated 9.4.1891, pages 21-67, s.2 and First Schedule, Part I.

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Contract Act, 1872 · Federal
CONTRACT ACT 1872 · Punjab

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or immovable property is disposed of or is agreed to be disposed of: Words defined in Contract Act .– and all words occurring in this Act, which are defined in the Contract Act, 1872 6 , shall be deemed to have the meanings respectively assigned to them by the Act. 5See now the Su ccession Act, 1925 ( XXXIX of 1925); and published in the Gazette of Ind

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h B. B loses them and C finds them, but refuses to deliver them to B when demanded. B may recover them from C, subject to C's right, if any, under section 168 of the Contract Act, 1872 15 . 10The words “instituted wit hin six months from the date of the dispossession” rep ealed by the Repealing and Amending Act, 1891 (XII of 1891); and published in the Go

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Code of Civil Procedure (CPC) , 1908 (Under Review)

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The Specific Relief (Am endment) Act, 2012 (VI of 2012); and publis hed in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.3. 8See now the Code of Civil Procedure, 1908 (V of 1908). 9But see as to tenancies in the Punjab, the Punjab Tenancy Act, 1887 (XVI of 1887), s.51. course of law, he or any person claiming through him may, by suit 10 [***] recover possession thereof, notwithstandin

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l Acts and Ordinances Order, 1949 (G.G.O.4 of 1949); and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, Article 3 and Schedule. 14See now the Code of Civil Procedure, 1908 (V of 1908). 15IX of 1872 (e) A, a warehouse-keeper, is charged with the delivery of certain goods to Z, which B takes out of A's possession. A may sue B for the goods. 11. Liability of person in possession, not as owner,

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such as are to continue until a specified time, or until the further order of the Court. They may be granted at any period of a suit, and are regulated by the 40 [Code of Civil Procedure, 1908 (Act V of 1908)]. Perpetual injunctions .– A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby

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granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby 38See now the Code of Civil Procedure, 1908 (V of 1908). 39Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981) ; and published in the Gazette of Pakistan (Extraordinary), dated 6.7.1981, pages 345-475, s.2 and 3 and Second Schedule, P

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PUNJAB TENANCY ACT, 1887

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zette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.3. 8See now the Code of Civil Procedure, 1908 (V of 1908). 9But see as to tenancies in the Punjab, the Punjab Tenancy Act, 1887 (XVI of 1887), s.51. course of law, he or any person claiming through him may, by suit 10 [***] recover possession thereof, notwithstanding any other title that may be set up in such suit. Nothing in this section shall b

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Arbitration Act, 1940 · Federal
ARBITRATION ACT, 1940 · Punjab

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f which a material part of the subject -matter, supposed by both parties to exist, has, before it has been made, ceased to exist. And, save as provided by the 20 [Arbitration Act, 1940], no contra ct to refer 21 [present or future differences] to arbitration shall be specifically enforced; 22 but if any person who has made such a contract 23 [other than an arbitration agreement to which the provisi

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which the provisions of the said Act apply] and has refused to perform it s ues in respect of 20Substituted by the Arbitration Act, 1940 ( X of 1940); and published in the Gazette of India , pages 41-52, dated 16.3.1940, s.49 and Fourth Schedule ( w.e.f. 1.7.1940). 21Substituted for the word “a controversy” by the Indian Arbitration Act, 1899 (IX of 1899); and

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reement to refer to arbitration or to any award to which Sch edule II of the Code of Civil Procedure, 1908, applies, see para. 22 of that Schedule. 23Inserted by the Arbitration Act, 1940 (X of 1940); and published in the Gazette of India, pages 41-52, dated 16.3.1940, s.49 and Fourth Schedule. any subject which he has contracted to refer, the existence of such contract shall bar the suit. Illustrations

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Transfer of Property Act, 1882 · Federal
TRANSFER OF PROPERTY ACT 1882 · Punjab

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a) where the contract is voidable or terminable by the plaintiff; 32The words “in writing” are repealed wherever the Transfer of Property Act, 1882 (IV of 1882); and published in the Gazette of India, Part IV, dated 18.2.1882, pages 127-148, is in force, see ss. 1 and 2 of that Act. (b) where the contract is unlawful for causes not apparent on it s face, and the defend

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Registration Act, 1908 · Federal
REGISTRATION ACT, 1908 · Punjab

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by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.5 35See now the Registration Act, 1908 (XVI of 1908); and published in the Gazette of India, dated 19.12.1908, pages 231-246. 36The word “Indian” is omitted by the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published i n the Punjab Gazette (Extraordin

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y the Specific Relief (Amendment) Act, 2012 (VI of 2012); and published i n the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40197-40198, s.5 37See now the Registration Act, 1908 (XVI of 1908); and published in the Gazette of India, dated 19.12.1908, pages 231-246. against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein

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Limitation Act, 1908 · Federal
LIMITATION ACT, 1908 · Punjab

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performance of the requisite acts. Illustrations (a) A, by n ew buildings, obstructs light to the access and use of which B has acquired a light under the 44 [Limitation Act, 1908 (IX of 1908)] Part IV. B may 43As to the working of mines under land, the surface of which has been acquir ed by Government, see the Land Acquisition (Mines) Act, 1885 (XVIII

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Land Acquisition (Mines) Act, 1885 · Federal
LAND ACQUISITION (MINES) ACT, 1885 · Punjab

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rt IV. B may 43As to the working of mines under land, the surface of which has been acquir ed by Government, see the Land Acquisition (Mines) Act, 1885 (XVIII of 1885); and published in the Government Gazette, Punjab and Its Dependencies, Part IV, dated 29.10.1985, pages 71-73. 44Substituted for the words, comma and figure “Indian Contract Act, 1 872” by the Federal Laws (R

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References to provisions in this text 5

Section 5

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ights of parties otherwise than by an award of compensation; or (e) by appointing a receiver. 6. Preventive relief .– Specific relief granted under clause (c) of section 5 is called preventive relief. 7. Relief not granted to enforce penal law .– Specific relief cannot be g ranted for the mere purpose of enforcing a penal law. PART II Of Specific Relief ------------- CHAPTER I OF RE

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Section 54

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house with e aves projecting over B's land. B may sue for an injunction to pull down so much of the eaves as so project. (c) In the case put as illustration (i) to Section 54, the Court may also order all wri tten communication made by B, as patient to A, as medical advisor, to be destroyed. (d) In the case put as illustration (y) to Section 54, the Court may also order A's letter to be destr

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Section 54

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4, the Court may also order all wri tten communication made by B, as patient to A, as medical advisor, to be destroyed. (d) In the case put as illustration (y) to Section 54, the Court may also order A's letter to be destroyed. (e) A threatens to publish statements concerning B which would be punishable under Chapter XXI of the Pakistan Penal Code 45 . The Court may grant an injunction to

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Section 54

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tions with him, showing that B had led an immoral life. B may obtain an injunction to restrain the publication. (g) In the cases put as illustrations (v) and (w) to Section 54 and as illustrations (e) and (f) to this section, the Court may also order the copies produced by piracy, and the trademarks, statements and communications, therein respectively mentioned, to be given up or destroyed. 56

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Section 56

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ed hog's lard. A's use of hi s description is not an honest one and he cannot obtain an injunction. 57. Injunction to perform negative agreement .– Notwithstanding section 56, clause (f), where a contract comprises an affirmative agreement to do a certain act, coupled with a negative a greement, express or implied, not to do a certain act, the circumstance that the Court is unable to compel spec

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Section 168 of Contract Act, 1872

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Contract Act, 1872 · Federal
CONTRACT ACT 1872 · Punjab

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or safe custody with B. B loses them and C finds them, but refuses to deliver them to B when demanded. B may recover them from C, subject to C's right, if any, under section 168 of the Contract Act, 1872 15 . 10The words “instituted wit hin six months from the date of the dispossession” rep ealed by the Repealing and Amending Act, 1891 (XII of 1891); and published in the Go

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Cited instruments not matched in this library 13