Specific Relief Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 3 of Specific Relief Act: Savings
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
Except as otherwise provided herein, nothing in this Act shall be deemed—
(a)to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or
(b)to affect the operation of the Indian Registration Act (16 of 1908), on documents.
Legal Commentary & Landmark Judgments: Section 3
Section 3 of the Specific Relief Act, 1963 contains vital savings clauses, preserving rights to relief (other than specific performance) under contracts, and saving the operation of the Indian Registration Act, 1908 on documents.
Saving of Independent Contract Remedies: Except as otherwise provided herein, nothing in this Act shall be deemed to deprive any person of any right to relief, other than specific performance, which they may have under any contract (e.g., rescission, damages under Indian Contract Act).
Saving of Registration Act, 1908: Nothing in this Act shall affect the operation of the Indian Registration Act, 1908 on documents.
Unregistered Agreement Proviso: Section 49 of Registration Act allows an unregistered agreement to sell to be received as evidence of a contract in a suit for specific performance under Chapter II.
Key Landmark Precedents:
Suraj Lamp & Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656: The Supreme Court authoritatively settled that an agreement to sell does not confer title without a registered conveyance; however, Section 3 preserves the right to sue for specific performance based on the agreement.
Ameen v. State of Kerala, (2020) 13 SCC 80: Affirmed that the proviso to Section 49 of the Registration Act enables unregistered agreements of sale to be received as primary evidence in suits for specific performance.
Courtroom Practice & Strategic Litigation Guidance:
When seeking specific performance of an unregistered agreement to sell, invoke Section 3 read with the Section 49 Registration Act proviso to defeat defense objections regarding non-registration.
Legal Commentary & Landmark Judgments: Section 3
Section 3 of the Specific Relief Act, 1963 contains vital savings clauses, preserving rights to relief (other than specific performance) under contracts, and saving the operation of the Indian Registration Act, 1908 on documents.
When seeking specific performance of an unregistered agreement to sell, invoke Section 3 read with the Section 49 Registration Act proviso to defeat defense objections regarding non-registration.