Power to grant relief for possession, partition, refund of earnest money, etc
Section 22 of the Specific Relief Act, 1963 deals with power to grant relief for possession, partition, refund of earnest money, etc. Notwithstanding anything to the contrary contained in the Code of Civil Procedure,1908 (5 of 1908), any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for-- (a) possession, or partition and separate possession, of the p The Act came into force on 01 Mar 1964.
(1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure,1908 (5 of 1908), any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for--
(a) possession, or partition and separate possession, of the property in addition to such performance; or
(b) any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or 1[made by] him, in case his claim for specific performance is refused.
(2) No relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it has been specifically claimed:
Provident that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief.
(3) The power of the court to grant relief under clause (b) of sub-section (1) shall be without prejudice to its powers to award compensation under section 21.
Section 22, The Specific Relief Act, 1963 (Act 47 of 1963).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Birma Devi vs Subhash
Court's Decision & Legal Precedent
In a suit for specific performance of a contract of sale where the exclusive possession of the suit property is with the contracting party (original owner), a decree for specific performance simpliciter, without specifically providing for delivery of possession, gives complete relief to the decree holder and the executing court is under an obligation to hand over possession of the suit property to the decree holder. This principle flows from Section 55(1) of the Transfer of Property Act, 1882, which binds the seller to transfer possession to the buyer. However, in cases where the property is jointly held by the defendant with other persons or has passed into possession of a third party after the contract, the plaintiff must separately claim relief for possession, partition, or separate possession, as the case may be, and such amendment can be allowed at any stage of proceeding, including the execution stage.
On this section: Allows plaintiff to amend plaint to include relief for possession, partition, etc. at any stage of proceeding, including execution stage. The expression 'any stage of proceeding' includes execution proceedings.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… compensate the plaintiff since the plaintiff had not sought for alternative prayer for refund of earnest money in the suit as was done in the case before the Hon'ble Supreme Court. In the absence of alternative prayer for refund of earnest money, the prayer for refund of earnest money cannot be granted in view of Section 22 of the Specific Relief Act. Sub-Section 2 of Section 22 of the said Act specifies that no relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it has been specifically claimed. In the absence of such a claim, the plaintiff is held not entitled for refund of earnest …
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… Division Bench has observed thus: <sup>24</sup> (2008) 10 SCC 345 "Although we find no merit in this appeal, we wanted to give liberty to the plaintiff for amendment of the plaint for the purpose of getting alternative relief by way of return of security of money and damages, if at all suffered, in terms of Section 22 of the Specific Relief Act; but Mr. Das, the learned Advocate appearing on behalf of the appellant after taking instruction from his client submitted before us that his client did not want to avail of such remedy and wanted to challenge our decision by preferring an appeal if we decided to refuse the prayer for …
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… The learned counsel for the first defendant would urge that the claim for advance is barred by limitation. The prayer was incorporated by amendment of the plaint at the appellate stage. Section 22 of the Specific Relief Act enables the plaintiff to incorporate such prayer at any stage of the proceedings. It is accordingly that this Court had allowed the amendment. The incorporation of the prayer at any stage, being one sanctioned under the statute, the plea of limitation has no force. Apart from the general …
Questions about Section 22
What have the courts held on Section 22 of the Specific Relief Act?
Birma Devi vs Subhash (06 Dec 2024) is the leading judgment on this section among those set out below: Allows plaintiff to amend plaint to include relief for possession, partition, etc. at any stage of proceeding, including execution stage. The expression 'any stage of proceeding' includes execution proceedings.
How do I find court cases under Section 22 of the Specific Relief Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Specific Relief Act 22, section 22 Specific Relief Act, section 22 of the Specific Relief Act. People searching for it also type specific relief act 22 38 and specific relief act 1877 section 22. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Birma Devi vs Subhash (06 Dec 2024).
What should I read with Section 22 of the Specific Relief Act, and has it changed?
Its own text turns on section 21 (Power to award compensation in certain cases), so none of them can safely be read on its own.
When did Section 22 of the Specific Relief Act come into force?
Section 22 of the Specific Relief Act, cited as Specific Relief Act 22, came into force on 01 Mar 1964, having been enacted on 13 Dec 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 12. Specific performance of part of contract391 words
- 28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed382 words
- 15. Who may obtain specific performance330 words
- 13. Rights of purchaser or lessee against person with no title or imperfect title309 words
- 26. When instrument may be rectified292 words
- 20. Substituted performance of contract269 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.