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Section 29: Alternative prayer for rescission in suit for specific performance

Specific Relief Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 28 All 44 Sections of Specific Relief Act Section 30

Legal Commentary & Landmark Judgments: Section 29

Section 29 of the Specific Relief Act, 1963 permits a plaintiff instituting a suit for specific performance to pray in the alternative that if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled.

  • Alternative Prayer for Rescission: A plaintiff instituting a suit for specific performance of a contract in writing may pray in the alternative that, if the contract cannot be enforced, it may be rescinded and delivered up to be cancelled.
  • Court's Power to Rescind: The Court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.
  • Flexibility in Pleading: Enables the plaintiff to avoid being left without remedy if the court finds the contract unenforceable on technical grounds.
Key Landmark Precedents:
  • Hungerford Investment Trust Ltd. v. Haridas Mundhra, (1972) 3 SCC 684: The Supreme Court authoritatively analyzed Section 29, holding that claiming rescission as an alternative relief is an established equitable mechanism that does not contradict the primary plea of specific performance.
  • Adhunik Steels Ltd. v. Orissa Manganese and Minerals (P) Ltd., (2007) 7 SCC 125: Discussed alternative relief structures in contractual specific performance suits.
Courtroom Practice & Strategic Litigation Guidance:

Always plead an alternative prayer under Section 29 for formal rescission and cancellation of the agreement alongside return of consideration, ensuring the court has full authority to grant clean restitutionary relief.

Section 28 All 44 Sections of Specific Relief Act Section 30