Defences respecting suits for relief based on contract
Section 9 of the Specific Relief Act, 1963 deals with defences respecting suits for relief based on contract. Except as otherwise provided herein where any relief is claimed under this Chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law relating to contracts. The Act came into force on 01 Mar 1964.
Except as otherwise provided herein where any relief is claimed under this Chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law relating to contracts.
Section 9, 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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… (b) Grant such other relief and relief's as this Hon'ble Court deems fit to in the above said facts and circumstances of the case with costs in the interest of justice, equity and law. Sections 6 and 9 of the Specific Relief Act reads as under: 3 Section 6: Suit by person dispossessed of immovable property.- (1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, …
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… bar any person from suing to establish his title to such property and to recover possession thereof." Sec.29 of the Kerala Court Fees & Suits Valuation Act, 1959 stipulates as follows: "Sec.29: Suits for possession under the Specific Relief Act, 1877.- In a suit for possession of immovable property under Section 9 of the Specific Relief Act, 1877 (Central Act 1 of 1877), fee shall be computed on one-third of the market value of the property or on rupees one hundred and fifty, whichever is higher." 8. It is not in dispute that the suit filed by the petitioner as per Ext.P-1 is not as envisaged in terms of the summary …
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… At this juncture, it is significant to go through the principles laid down by the Hon'ble Hon'ble High Court of Karnataka in ILR 2006 KAR 1692 (N.K.Giriraja Shetty v. N.K. Parthasarathy Shetty and others) which reads as under: > "As per Section 9 of the Specific Relief Act,there must be a valid and binding contractbetween the parties, in respect of which theparties should be consensus ad idem and thisburden of proof lies on the plaintiff seekingspecific performance of the contract-If the terms are uncertain and the parties are not ad idem,then there can be …
Questions about Section 9
What does Section 9 of the Specific Relief Act deal with?
Section 9 of the Specific Relief Act is headed "Defences respecting suits for relief based on contract". Except as otherwise provided herein where any relief is claimed under this Chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law relating to contracts.
How do I find court cases under Section 9 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 9, section 9 Specific Relief Act, section 9 of the Specific Relief Act. People searching for it also type specific relief act 1877 section 9 and specific relief act 1963 section 9 to 25. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 9 of the Specific Relief Act come into force?
Section 9 of the Specific Relief Act, cited as Specific Relief Act 9, 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.