When rescission may be adjudged or refused
Section 27 of the Specific Relief Act, 1963 deals with when rescission may be adjudged or refused. Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely:-- (a) where the contract is voidable or terminable by the plaintiff; The Act came into force on 01 Mar 1964.
(1) Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely:--
(a) where the contract is voidable or terminable by the plaintiff;
(b) where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff.
(2) Notwithstanding anything contained in sub-section (1), the court may refuse to rescind the contract--
(a) where the plaintiff has expressly or impliedly ratified the contract; or
(b) where, owing to the change of circumstances which has taken place since the making of the contract (not being due to any act of the defendant himself), the parties cannot be substantially restored to the position in which they stood when the contract was made; or
(c) where third parties have, during the subsistence of the contract, acquired rights in good faith without notice and for value; or
(d) where only a part of the contract is sought to be rescinded and such part is not severable from the rest of the contract.
Explanation.--In this section "contract" in relation to the territories to which the Transfer of Property Act, 1882 (4 of 1882), does not extend, means a contract in writing.
Section 27, The Specific Relief Act, 1963 (Act 47 of 1963).
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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… On the contrary, if the defendant so claimed that he had valid reasons to terminate the contract or rescind the contract, then he ought to have sought a Declaration from the competent Court, as required under Sections 27 and 31 of Specific Relief Act, 1963. 114. Thus, once a party claims the right of revocation or rescission of the Agreement, then such party is required to seek a Declaration from the Court regarding the validity of revocation or rescission, as the case may be. 115. The facts of the present case may thus, be …
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… AMIN SAHEB HUSSAIN SAHEB INAMDAR AND OTHERS reported in AIR 1981 KAR 89. Referring this judgment, the learned counsel brought to my notice paragraph Nos.12 and 15 and contended that in the absence of necessary parties, the Court cannot pass an effective decree at all. Section 27 of the Specific Relief Act does not carry the matter any further and no judgment and decree can be passed for the relief of specific performance against the original vendors or against the subsequent transferee or both. 43. The learned counsel relied upon the judgment of Orissa High Court in the case of DHADI …
Questions about Section 27
What does Section 27 of the Specific Relief Act deal with?
Section 27 of the Specific Relief Act is headed "When rescission may be adjudged or refused". Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely:-- (a) where the contract is voidable or terminable by the plaintiff;
How do I find court cases under Section 27 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 27, section 27 Specific Relief Act, section 27 of the Specific Relief Act. People searching for it also type specific relief act section 27 b and 27 b specific relief act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 27 of the Specific Relief Act come into force?
Section 27 of the Specific Relief Act, cited as Specific Relief Act 27, 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 15 Oct 2026. This page is not a substitute for legal advice.