RELIEFS OR REMEDIES UNDER SRA

RECOVERING POSSESSION

• Recovering possession of immovable property by the dispossessed person, otherwise than in due course of law, regardless of being the owner or not.
• Recovering possession of specific movable property by the person entitled to possession.
• Recovering possession of specific movable property entitled to its immediate possession from a person having it in his possession or under his control of which he is not the owner.

SPECIFIC PERFORMANCE OF CONTRACTS

• Enforceable when there exists no standard for ascertaining the actual damage caused by non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in terms of money for its non-performance would not afford adequate relief.
• Not enforceable when contract
• is such for whose non-performance compensation in money is an adequate relief; or
• is by its nature determinable; or
• runs into such minute or numerous details or otherwise from its nature is such that the court cannot enforce specific performance of its material terms; or
• is dependent on the personal qualifications or volition of the parties; or
• is such that its performance involves performance of a continuous duty which the court cannot supervise.
• Specific performance of part of contract can be ordered under certain circumstances.
• Specific performance can be claimed by purchaser or lessee against seller or lessor having no title or only an imperfect title after seller or lessor acquires any interest in the property but such performance cannot be sought by seller or lessor.
• Jurisdiction to decree specific performance is discretionary. Court is not bound to grant relief merely because it is lawful to do so.
• Element of mutuality of contract is not required for ordering its performance.
• Compensation can be claimed for the breach of contract in addition to or in substitution to its specific performance.
• Specific performance of a contract to transfer immovable property can be coupled with order for possession, partition or refund of earnest money, as the case may be.
• The dismissal of a suit for specific performance of a contract or part thereof bars the plaintiff’s right to sue for compensation for its breach but not his right to sue for any other relief to which he may be entitled as a result of breach.