Mandatory injunctions
Section 39 of the Specific Relief Act, 1963 deals with mandatory injunctions. 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. The Act came into force on 01 Mar 1964.
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.
Section 39, 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 1
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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K.h. Hotels Pvt. Ltd. vs Krishan Kumar Etc.
Court's Decision & Legal Precedent
Where a lease deed contains an admitted contractual obligation on the lessor to sign and execute building plans and documents required for obtaining government sanctions for construction work permitted under the lease, and the lessee has made a clear request for such signatures with specific plans, the court can grant interim mandatory injunction to compel the lessor to perform this obligation under Section 39 of the Specific Relief Act, notwithstanding the lessor's claims regarding non-payment of security deposit or rent arrears, as these are separate issues giving rise to independent remedies. The scope of construction rights granted to a lessee under a lease deed clause must be interpreted broadly to include substantial structural work necessary for the business purpose, not merely fixtures and installations, and material irregularity in such interpretation by lower courts justifies High Court interference under Article 227 of the Constitution.
On this section: Provides discretionary power to court to grant mandatory injunction to prevent breach of obligation and compel performance of requisite acts. Court applied this section to grant interim mandatory injunction compelling lessor to sign building documents as per lease deed obligation
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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… It is evident that S. 39 covers not only a case contemplated under S. 35, but also a wider field, that is, a case of a void document, which under the law need not be set aside." 15. In an extremely important paragraph, the Full Bench then set out the principle behind section 39(1) of the Specific Relief Act, 1877 as follows: > " 12. The principle is that such document though not necessary to be set aside may, if left outstanding, be a source of potential mischief. The jurisdiction under S. 39 is, therefore, a protective or a preventive one. It is not confined to a case of fraud, …
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… He submits that such a Suit has not only been held to be maintainable in view of Section 39 of the Specific Relief Act, 1963 but it has also been held by the Supreme Court that in such a Suit, the Court can direct the respondent to deliver possession of the immovable property, failing which it will be open to the Decree Holder to execute the decree and obtain possession of the immovable property. In …
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… One is, for a mandatory injunction against the person in possession, directing him to surrender/hand over the possession; and secondly, for a decree for recovery of possession of the property. The circumstances under which a suit for mandatory injunction could be laid are limited. Section 39 of the Specific Relief Act postulates that, to claim a decree for mandatory injunction there must be an obligation on the part of the person against whom the command is sought to be issued. With regard to a suit for mandatory injunction, valuation and Court fee is in terms of Section 27(c) of the Act. Section 27 of …
Questions about Section 39
What have the courts held on Section 39 of the Specific Relief Act?
K.h. Hotels Pvt. Ltd. vs Krishan Kumar Etc. (23 Dec 2011) is the leading judgment on this section among those set out below: Provides discretionary power to court to grant mandatory injunction to prevent breach of obligation and compel performance of requisite acts. Court applied this section to grant interim mandatory injunction compelling lessor to sign building documents as per lease deed obligation.
How do I find court cases under Section 39 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 39, section 39 Specific Relief Act, section 39 of the Specific Relief Act. People searching for it also type specific relief act 38 39. 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 K.h. Hotels Pvt. Ltd. vs Krishan Kumar Etc. (23 Dec 2011).
What should I read with Section 39 of the Specific Relief Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 39 of the Specific Relief Act come into force?
Section 39 of the Specific Relief Act, cited as Specific Relief Act 39, 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.