Specific Relief Act • Official Statutory Text & Practice Guide
Restorative Injunction
Mandatory Direction
Civil Court
Act 1963
Section 39 of Specific Relief Act: Mandatory injunctions
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.
Legal Commentary & Landmark Judgments: Section 39
Section 39 of the Specific Relief Act, 1963 provides for the grant of mandatory injunctions to compel the performance of requisite acts to prevent the breach of an obligation.
Statutory Rights & Obligations: Section 39 establishes that when, to prevent the breach of an obligation, it is necessary to compel the performance of positive acts which the court is capable of enforcing, the court may in its judicial discretion grant a mandatory injunction to prevent the breach and compel performance.
Core Legal Standard: Section 39 of the Specific Relief Act empowers the court to grant a mandatory injunction to prevent the breach of an obligation and compel performance of requisite acts.
Section 39 provides for mandatory injunctions to compel the performance of positive acts necessary to restore lawful conditions and remedy ongoing legal breaches.
Key Landmark Precedents:
Dorab Cawasji Warden v. Coomi Sorab Warden, (1990) 2 SCC 117: The Supreme Court laid down authoritative tests: an interim mandatory injunction should be granted only in rare and exceptional cases where the case is clear, extreme hardship would ensue, and it is necessary to restore status quo ante.
Samir Narain Bhojwani v. Aurora Properties and Investments, (2018) 17 SCC 203: The Court reaffirmed that mandatory injunctions compelling affirmative acts cannot be granted on vague or disputed rights without a strong prima facie case.
Legal Commentary:
Mandatory injunctions require careful drafting. The prayer must specify the precise physical acts required to be performed by the defendant. In encroachment cases, plaintiffs frequently combine a prohibitory injunction under Section 38 with a mandatory injunction under Section 39 seeking the removal of unauthorized constructions erected on their land.
Legal Commentary & Landmark Judgments: Section 39
Section 39 of the Specific Relief Act, 1963 provides for the grant of mandatory injunctions to compel the performance of requisite acts to prevent the breach of an obligation.
Section 39 provides for mandatory injunctions to compel the performance of positive acts necessary to restore lawful conditions and remedy ongoing legal breaches.
Mandatory injunctions require careful drafting. The prayer must specify the precise physical acts required to be performed by the defendant. In encroachment cases, plaintiffs frequently combine a prohibitory injunction under Section 38 with a mandatory injunction under Section 39 seeking the removal of unauthorized constructions erected on their land.