Repealed or not in force · As amended up to 2026-08
49. The costs of all applications and orders under Costs. this chapter shall be in the discretion of the High Court.
9. If any person is dispossessed ~ ~ i t h o u t his consent Suit by by perof irurnovealsle propcrty otl~erniso the11 in dun roulsr ~~''b~~s$!'~;l~ of lay:, he or any persol1 claimi~.~g through him u~ay, l~~oveable
~ ~ i t h o u t his consent his consent Suit by by per~~''b~~s$!'~;l~ through him u~ay, l~~oveable l~~oveable I>?[property. ]
by suit instituted within six m o n t ~ s froin the date of the dispossession, recover possessioil 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 the Government.
No appeal shall lie from apy 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 P?*operty.
`10.` A person entitled to the possession of speci- Recovery of specificmove. fic moveable property may recover the same in the ableproperty. manner prescribed by the Code of Civil Procedure. EXPLANATION 1.-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.
(a). A bequeaths land to B for his life, with remainder to C. A dies. [B ][ent,~l.s ][on ][t,he ][land, but ][C, ][without ][B's ][consent, ] obtains possessiou of the title-deeds. `l3` may recover them from C.
(b). A pledges certain jewels to B to secure a loan. B Jisposes of them before he is entitled to do so. A, without having or tendered the amount of the loan, sues B for possession of t\le 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 reccivcu u luLLur addressed to him liy R. R gcto l~nnl: the letter without A's consent. A has such a property therein as ciltitle~ him to recover it from R.
,[(d). ][A ][deposits boobs and lapers for safe custody with ][B. ] B ioses tllem and C fiuds tllem, I, at relases to dclivel- Illern tc `I3`
==> picture [286 x 18] intentionally omitted <==
iv11eu demanded. B may recover them from C, subject to C's right, - if auy, under sectiou 168 of the Indian Contract Act, 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 fbr the goods.
11. Any person having the possession or control Liability of of a particular article of moveable property, of which lie is not the owner, may be compellcd specifically to ., deliver it to the person entitled to its immediate pos- to deliver t o person ensession, in any of the following cases :- titled to im- im-
person entitled to im- imPOs-
session, in any of the following cases :- (a) when the thing claimed is held by the defend- `:` `m~:?`
ant as the agent or trustee of the claimant ;
(b) when compensation in money would not afford tlie 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 ;
(cl) when the possession of the thing claimed has been wrongfully transferred from the claimant.
of clause (a)-A, proceeding to Europe, leaves his furniture in charge of B as his ageut during his absence. B, without A's authority, piedges the furniture to C, and C, knowing that B had no right to pledge the furniture, advertises it for sale. C iiiay be compelled to deliver the hruiture to A, for he holds it as A's trustee.
of clause (6)-Z has got possession of an idol belonging to A's family, aud of which A is the proper custodian. Z may be cornpelled to deliver the idol to A.
.of clause (c)-A is entitled to a picture by a dead painter and a pair of rare China vases. B has possession of them. The articles are of' too special a character to bear au ascertainable market-value. B may be compelled to deliver them to A.
B may be compelled to deliver them to A.
CHAPTER TI.
(a). C O ~ Z ~ ~ U C ~ S zulzich nzuy be s1?eci$cullg e@Jo?*cecZ.
12. Except as otherwise provi:lccl in tellis cl~apter, Cases jn
which speci.
fic performance enforce. able.
the specific performance of any contract may in the discretion of the Court be enforced--
(u) when the act agreed to be done is in the performance, wholly or partly, of a trust ;
(6) when there exish no standa.rd for ascertaining the actual damage caused by the non-performance of the a.ct agreed to be done ;
(c) when the act agreed to be done is sucb that pecuniary compensation for its non-performance mould not afford adequate relief ; or
(cl) when it is probable that pecuniary compensation cannot be got for the non-performance of the act agreed to be done.
EXPLANATION.--U~~~SS and until the contrary is proved, the Court shall presume that the breach of a contract to transfer immoveable property cannot be adequately relieved by conipensation in money, and that the breach of a contract to transfer moveable property can be thus relieved.
of clause (a).-A holds certain stock in trust for R. A wrongfully disposes of the stock. The lam creates an obligatiou on A to restore the same quantity of stock to B, aud B may enforce specific performance of this obligation. of ciause (6)-A agrees to E ~ j r , and `YR` agrees to sell, a picture by a dead paiuter and two rare Chiua vases. A may compel B specifically to perform this contract, for there is no standard for ascertainiug the actual damage which would be caused by its non-performance.
of clause (c)-k contracts with B to sell him a Llollse for Rs. 1,000. B is entitled to a decree directing A to convey the house to him, he paying the purchase-money.
In c6usideration of being released from certaiu obligatiolls imposed on it by its Act of Incorporation, a railway-compauy coiltract with Z to malcc an archway through their mi1n.a~ to connect lauds of Z scverecl by the railway, to constract a road between certain specifiecl points, to pay a certain annual suin towards the maintei~ance of this road, ancl also to constrnct a siding and a wharf as specified in the contract. Z is entitlecl to havc this contract specifically enforcccl, for his intcrcst in its pcrformailce cnullot be aclcqnntcly compci~satecl for by money ;
ancl
SpeciJc Relief. `1` 3.
nil11 tlie Court may appoint a proper persoil to superintend the const~.uotion of the arcllnls,y, road, siding and wharf.
A contract,^ to sell, and B conti.acts to bay, a certain number of' railway-sllares of a particular description. A refuses to complete tlie sale. B may compel A specifically to perform this' agreement, for the shares are limited in number a ~ i d not always to be had in the market, and their possession carries with it the status of a shareholder, which caunot otherwise 11e procured. A coiltracts with B to paiut a picture for B, who agrees to pay therefoT Rs. 1,000. The picture is paiuted. B is entitled to have it delivered to him on pa,yment 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 i~~solvent, and C is appoi~itcd his assignee. B may compel C to cndorse the note, for C has succeeded to A's liabilitics, and a decree for pecuniary compellsatiou for not endorsing the note ivould be fruitless.
13. Notwithstanding anything contained in section 56 of the Indian Contract Act, a contract is not ~vholly impossible of performance because a portion of its subject-matter, existing at its date, has ceased to exist at the time of the performance.
Illush.alions.
(a). A contracts to sell a house to B for a 16kh of rupees. The day after the contract is made, the house is destroyed by a cyclone. B may be compelled to perform his part of the contract by paying the purchase-money.
(6). I n consideratiou of a sum of nlouey payable by B, A contracts to grant an annuity to B for B's life. The day after the contract has been made, B is thrown from his horse and killed. B's representative may be compelled to pay the purchase-
The day after the
Source: India Code