Vol. 12 · pages 301–305

281LAW OF SPECIFIC RELIEF I. The enactment which defines Specific Relief. 1. The law as to specific relief is contained in the Specific Relief Act I of 1877. 2. Before the passing of the Specific Relief Act the law as to Specific Relief was contained in Sections 15 and 192 of the Civil Procedure Code (Act VIII) of 1859. 3. The law was fragmentary. Section 15 dealt with declaratory decrees and Section 192 dealt with Specific performance of contracts. 4. The Act aims to define and amend the law relating to Specific Relief obtainable in Civil Court. II. The nature of the Law of Specific Relief 1. Laws fall into three categories,— (a) Those which define Rights. (b) Those which define Remedies. (c) Those which define Procedure. 2. Illustrations. (Space left blank—ed.) 3. The Law of Specific Relief belongs to the second category. It is a law which deals with Remedies. 4. The term ‘relief’ is only another word for remedy which a Court is allowed by law to grant to suitors. III. What is meant by Specific Relief ? 1. Specific Relief is one kind of remedy recognized by law. Its nature can be best understood by distinguishing the different remedies which the law allows to a person whose right has been invaded. 2. A right to be real must have a remedy. No right can give protection if there is no remedy provided for its vindication. Law therefore invariably provides a remedy for a breach of a right. 3. The general remedy provided by law for a breach of a right is monetary repairation called compensation or damages.

282 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 4. This remedy of money compensation is not an adequate remedy in all cases. The loss of some things can be compensated by payment of money. The loss of others cannot be compensated by money. Their loss can be made good by the return of the very same article. Similarly, the refusal to perform an obligation may be compensated by money. In other cases, the only adequate remedy is to compel the performance of the very same obligation. 5. Thus there are two kinds of remedies provided by law : (a) those under which the suitor is granted the very same things to which he is entitled, by virtue of the right he has acquired against his opponent; and (b) those under which the suitor is granted not the very same thing to which he was entitled, but money compensation or damages in lieu thereof. 6. Specific Relief is the name given to the first kind of remedy. 7. The relief is called specific because it is relief in specie, i.e. in terms of the very thing to which a suitor is entitled. IV. What Specific Reliefs are provided for in the Specific Relief Act. 1. The forms of Specific Reliefs provided for in the Specific Relief Act form under four divisions : (1) Taking possession of property and delivering it to the claimant who is out of possession. (2) Requiring Performance of Contract. (3) Compelling the Performance of a Statutory Duty. (4) Preventing the doing of a wrong. 2. The subdivisions of the 4th category are : (i) Rectification of an instrument. (ii) Rescission of an instrument. (iii) Cancellation of an instrument. (iv) Declaration of status. (v) Receivers—appointment of— (vi) Injunctions.

283LAW OF SPECIFIC RELIEF V. Other Laws defining Specific Reliefs. 1. These are not the only specific remedies administered by courts in India. There are other specific remedies recognized by the Indian Law and which are enforced by courts in India. 2. These specific remedies outside the Specific Relief Act are: (i) Taking an account of the property of a deceased person and administering the same. (ii) Taking accounts of a trust and administering the trust property. (iii) The foreclosure of the right to redeem or sale of the mortgaged property. (iv) Redemption and reconveyance of mortgaged property. (v) Dissolution of partnership, taking partnership accounts, realizing assets ; discharging debts of partnership, etc. 3. We are not concerned with these.

284 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES PART II Consideration of the Different Kinds of Specific Reliefs Recognized by the Act. Division I Recovery of possession of Property Sections 8, 9, 10 and 11. 1. Recovery of Possession of immoveable property —Sections 8, 9. 2. Recovery of Possession of moveable property —Sections 10, 11. Recovery of Possession of Immoveable Property. 1. The Question is— When can a person, who has lost possession of immovable property and sues to recovery possession thereof—be granted possession thereof instead of damages or compensation for the loss of possession. 2. The emphasis is on the nature of the relief—i.e. the recovery of the specific piece of property of which possession is lost. The relief by way of damages or compensation is always open under the general law. Question is when can an injured person insist upon specific relief for the recovery of property. 3. The cases in which a person has lost possession of immoveable property fall under two classes.— (i) The case of a person who is entitled to possession but who has lost possession. (ii) The case of a person who had possession but who has lost possession. 4. The difference consists in being entitled to possession and being in possession. 5. These two cases are dealt with in Sections 8 and 9. Both provide that in either case the Plaintiff shall be entitled to Specific Relief by way of recovery of property. 6. Requirements of Section 8. (i) Prove that you have a title to possession and you will succeed in recovering possession by way of specific relief.