Specific Relief Act, 1963 · Chapter II: Specific Performance of Contracts · Persons for or against whom contracts may be specifically enforced
Section 22: Power to grant relief for possession, partition, refund of earnest money, etc
In plain words
A person suing for specific performance of a contract to transfer immovable property can also ask for possession or partition, or, if performance is refused, a refund of the earnest money or deposit.
- These reliefs must be specifically claimed, but the court must allow an amendment to add them at any stage.
- This does not limit the court's power to award compensation under section 21.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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 [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.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 16 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 22
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Sulthan Said Ibrahim v. Prakasan & Ors.
Issue arose whether the High Court committed any error in rejecting the original petition filed by the appellant on the ground that the I.A. for deletion of name of the appellant from the array of parties was barred by…
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K.R. Suresh v. R. Poornima & Ors.
Issue arose as regards the correctness of the order passed by the courts below dismissing the suit instituted by the appellant-purchaser for specific performance of contract; and whether the appellant entitled to the…
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Sangita Sinha v. Bhawana Bhardwaj and Ors.
Issue arose whether a suit for specific performance of an agreement to sell is liable to be decreed if the buyer had accepted the refund of the majority of the earnest money deposit/advance consideration, during the…
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Birma Devi & Ors. v. Subhash & Anr.
Whether the relief of possession may be granted by the executing court in a case where the suit has been decreed for specific performance simpliciter and no express relief for the transfer of possession of the suit…
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Rohit Kochhar v. Vipul Infrastructure Developers Ltd. & Ors.
Whether the relief sought by the plaintiff in respect to the suit property can be entirely obtained through the personal obedience of the defendants warranting the application of the proviso to Section 16 of the Code of…
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R. Kandasamy (Since Dead) & Ors. v. T.R.K. Sarawathy & Anr.
Trial Court dismissed the suit for specific performance of an agreement for sale by the buyer. High Court allowed the appeal thereagainst and granted decree for specific performance. Whether the impugned judgment of the…
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