Perpetual injunction when granted
Section 38 of the Specific Relief Act, 1963 deals with perpetual injunction when granted. Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication. The Act came into force on 01 Mar 1964.
(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.
(2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.
(3) When the defendant invades or threatens to invade the plaintiffs right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:--
(a) where the defendant is trustee of the property for the plaintiff;
(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;
(c) where the invasion is such that compensation in money would not afford adequate relief;
(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.
Section 38, 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.
Referred to by 14
- Assam Municipal Corporation Act s. 339
- Daman and Diu Municipalities Regulation 1994 s. 334
- Delhi Agricultural Produce Marketing (Regulation) Act s. 111 Bar of suit in the absence of notice
- Goa Municipalities Act s. 289
- Goa Panchayat Raj Act s. 221 Restrictions with respect to institution of suits against a Panchayat or Zilla Panchayat
- Haryana Municipal Act, 1973 (24 of 1973) s. 52
- Himachal Pradesh Municipal Act s. 43 Suits against municipality and its employees
- Jharkhand Municipal Act 2011 s. 524 Notice, limitation, and tender of amends in suits against municipality etc
- Karnataka Gram Swaraj and Panchayat Raj Act s. 289 Restrictions with respect to institution of suits against Panchayats
- Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam 1993 s. 75 Duty on transfer of property within block
- New Town, Kolkata Development Authority Act s. 149
- s. 40 Damages in lieu of, or in addition to, injunction
and 2 more
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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Anathula Sudhakar v. P. Buchi Reddy (Dead) By LRs
Court's Decision & Legal Precedent
Judgment of Main Case order-5.pdf 2008-03-25 DATE VERIFIED. CA 6191/2001. R.V. Raveendran / P. Sathasivam. Reportable. Isolates SRA 38: when a mere suit for permanent/prohibitory injunction relating to immovable property lies versus declaration and/or possession; a cloud on title (or vacant-site possession-follows-title with complicated title) requires a comprehensive title suit, not injunction simpliciter. Do not pad TP 41 or CPC 100 (not empty-teaching this pass; CPC 100 not padded).
On this section: A mere SRA 38 perpetual-injunction suit protects lawful possession; if title is under a cloud or the plaintiff is out of possession, the remedy is declaration and/or possession (Anathula Sudhakar). Do not pad TP 41 or CPC 100. Mandali is O39, not this isolate.
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Tresa Correia vs Chandralekha James Anthony and 2 ORS
Court's Decision & Legal Precedent
When a tenant or person claiming through a tenant takes the sole defense of denying the landlord's title during the continuation of tenancy, such defense is barred under Section 116 of the Indian Evidence Act, 1872 (now Section 122 of Bharatiya Sajshya Adhiniyam, 2023). In such circumstances, the bare denial of the landlord's case without raising any other substantial and valid defense amounts to deemed admission of the jural relationship between landlord and tenant, and the court is entitled to pass judgment on admission under Order XII Rule 6 of the Code of Civil Procedure, 1908, without requiring full trial.
On this section: Perpetual injunction - basis for restraining defendants from alienating or creating third party rights to the suit property
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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… Appellants, as plaintiffs, through their power of attorney holder, instituted a civil suit[2]( page-2-0) ("Suit", hereafter) before the Trial Court under section 38 of the Specific Relief Act, 1963 ("Specific Relief Act", hereafter) against three defendants - a son of Khatoon Jannat Bibi named Asad Ullah Kazmi [defendant no. 1] ("Kazmi", hereafter), Kazmi's son Samiullah [defendant no. 2] and one purported caretaker, Mr. Ram Chandra Yadav [defendant no. 3] in respect of the …
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… NARIMAN, J. 1. Leave granted. 2. The present case arises out of a Title Suit filed in January, 2006 by one Samar Kumar Roy against Smt. Jharna Bera. The suit is instituted as a Title Suit under Section 34 of the Specific Relief Act, 1963 for a declaratory decree, and under Section 38 of the Specific Relief Act, 1963 for perpetual injunction. According to the plaintiff, the father of the defendant was a senior employee under the Directorate of Employment Exchange, Government of West Bengal. The plaintiff was a junior employee under the same Directorate. According to the plaintiff, by blackmail …
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… from the infirmity of the plaintiff having incorporated the relief of perpetual injunction in respect of another item, in a suit filed under Section 6 of the Act and which is totally impermissible; (iv) that the parameters for adjudication of claim under Section 6 on the one hand and for perpetual injunction under Section 38 of the Specific Relief Act on the other hand, are totally different; (v) while for adjudication of a Section 6 suit, the trial is summary in nature and the decree is not appealable, in contrast, a detailed trial has to be conducted in a suit for perpetual injunction and a first …
Questions about Section 38
What have the courts held on Section 38 of the Specific Relief Act?
Anathula Sudhakar v. P. Buchi Reddy (Dead) By LRs (25 Mar 2008) is the leading judgment on this section among those set out below: A mere SRA 38 perpetual-injunction suit protects lawful possession; if title is under a cloud or the plaintiff is out of possession, the remedy is declaration and/or possession (Anathula Sudhakar). Do not pad TP 41 or CPC 100. Mandali is O39, not this isolate. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2008 to 2026.
How do I find court cases under Section 38 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 38, section 38 Specific Relief Act, section 38 of the Specific Relief Act. People searching for it also type specific relief act 38 39 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Anathula Sudhakar v. P. Buchi Reddy (Dead) By LRs (25 Mar 2008).
What should I read with Section 38 of the Specific Relief Act, and has it changed?
14 other provisions in this corpus refer back to it.
When did Section 38 of the Specific Relief Act come into force?
Section 38 of the Specific Relief Act, cited as Specific Relief Act 38, 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.