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Local extent.

Commence. ment.

Interpreta tion-clause.

(Part I.-Preliminary. Sec. 3.)

It extends to the whole of British India, except the Scheduled Districts as defined in Act No. XIV of 1874.1

And it shall come into force on the first day of May, 1877.

2. [Repeal of enactments.] Rep. by the Repealing and Amending Act, 1891 (XII of 1891).

3. In this Act, unless there be something repugnant in the subject or context,

"obligation" includes every duty enforceable by law :

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trust" includes every species of express, implied or constructive fiduciary ownership:

"trustee " includes every person holding, expressly, by implication or constructively, a fiduciary character:

Illustrations.

(a) Z bequeaths land to A, "not doubting that he will pay thereout an annuity of Rs. 1,000 to B for his life." A accepts the bequest. A is a trustee, within the meaning of this Act, for B, to the extent of the annuity.

(b) A is the legal, medical or spiritual adviser of B. By availing himself of his situation as such adviser, A gains some pecuniary advantage which might otherwise have accrued to B. A is a trustee, for B, within the meaning of this Act, of such advantage.

(c) A, being B's banker, discloses for his own purpose the state of B's account. A is a
trustee, within the meaning of this Act, for B, of the benefit gained by him by means of such
disclosure.

(d) A, the mortgagee of certain leaseholds, renews the lease in his own name.
A is a
trustee, within the meaning of this Act, of the renewed lease, for those interested in the
original lease.

(e) A, one of several partners, is employed to purchase goods for the firm. A, unknown
to his co-partners, supplies them, at the market-price, with goods previously bought by
himself when the price was lower, and thus makes a considerable profit. A is a trustee
for his co-partners, within the meaning of this Act, of the profit so made.

(ƒ) A, the manager of B's indigo-factory, becomes agent for C, a vendor of indigo-seed, and receives, without B's assent, commission on the seed purchased from C for the factory. A is a trustee, within the meaning of this Act, for B, of the commission so received.

(g) A buys certain land with notice that B has already contracted to buy it. A is a trustee, within the meaning of this Act, for B, of the land so bought.

(h) A buys land from B, having notice that C is in occupation of the land. A omits to make any inquiry as to the nature of C's interest therein. A is a trustee, within the meaning of this Act, for C, to the extent of that interest.

"Settlement" means any instrument (other than a will or codicil as defined by the Indian Succession Act, whereby the destination or devolution X of 1865.

1 For Act XIV of 1874, see General Acts, Vol. II, Ed. 1898, p. 467.

2 For Act X of 1865, see General Acts, Vol. I, Ed. 1898, p. 468.

IX of 1872.

(Part I.-Preliminary. Secs. 4-7. Part II.-Of Specific Relief. Chapter.
I.-Of recovering Possession of Property. Sec. 8.)

of successive interests in moveable or immoveable property is disposed of or
is agreed to be disposed of:

and all words occurring in this Act, which are defined in the Indian Con-
tract Act, 1872,1 shall be deemed to have the meanings respectively assigned
to them by that Act.

Words

defined in

Contract Act.

4. Except where it is herein otherwise expressly enacted, nothing in this Savings. Act shall be deemed

(a) to give any right to relief in respect of any agreement which is not a

contract;

(b) to deprive any person of any right to relief, other than specific per-
formance, which he may have under any contract; or

(c) to affect the operation of the Indian Registration Act,2 on docu

ments.

5. Specific relief is given

(a) by taking possession of certain property and delivering it to a

claimant ;

(6) by ordering a party to do the very act which he is under an obligation
to do;

(c) by preventing a party from doing that which he is under an obligation

not to do;

(d) by determining and declaring the rights of parties otherwise than by

an award of compensation; or

(e) by appointing a receiver.

Specific relief how given.

6. Specific relief granted under clause (c) of section 5 is called preventive Preventive relief.

relief.

7. Specific relief cannot be granted for the mere purpose of enforcing a Relief not penal law.

PART II.

OF SPECIFIC RELIEF.

CHAPTER I.

OF RECOVERING POSSESSION OF PROPERTY.
(a) Possession of Immoveable Property.

8. A person entitled to the possession of specific immoveable property XIV of 1882, may recover it in the manner prescribed by the Code of Civil Procedure.s

1 For Act IX of 1872, see General Acts, Vol. II, Ed. 1898, p. 299.

* See now Act III of 1877, printed, infra, p. 41,

Printed, General Acts. Vol. IV.

granted to enforce penal law.

Recovery of specific immoveable property.

Suit by person dispossessed of immoveable property.

Recovery of specific move

(Part II-Of Specific Relief. Chapter I-Of recovering Possession of
Property. Secs. 9-11.)

19. If any person is dispossessed without his consent of immoveable
property otherwise than in due course of law, he or any person claiming through
him may, by suit ***** recover possession thereof, notwithstanding any
other title that may be set up in such suit.

Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.

No suit under this section shall be brought against the Government.

No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.

(b) Possession of Moveable Property.

10. A person entitled to the possession of specific moveable property may able property. recover the same in the manner prescribed by the Code of Civil Procedure.3 EXPLANATION 1.-A trustee may sue under this section for the possession of property to the beneficial interest in which the person for whom he is trustee is entitled.

Liability of person in possession,

not as owner,

EXPLANATION 2.-A special or temporary right to the present possession of property is sufficient to support a suit under this section.

Illustrations.

(a) A bequeaths land to B for his life, with remainder to C. A dies. Benters on the land, but C, without B's consent, obtains possession of the title-deeds. B may recover them from C. (b) A pledges certain jewels to B to secure a loan. B disposes of them before he is entitled to do so. A, without having paid or tendered the amount of the loan, sues B for possession of the jewels. The suit should be dismissed, as A is not entitled to their possession, whatever right he may have to secure their safe custody.

(c) A receives a letter addressed to him by B. B gets back the latter without A's consent. A has such a property therein as entitles him to recover it from B.

(d) A deposits books and papers for safe custody with B. B loses them and C finds them, but refuses to deliver them to B when demanded. B may recover them from C, subject to C's right, if any, under section 168 of the Indian Contract Act, 1872.*

(e) A, a warehouse-keeper, is charged with the delivery of certain goods to Z, which B takes out of A's possession. A may sue B for the goods.

11. Any person having the possession or control of a particular article of moveable property, of which he is not the owner, may be compelled specifically

1 But see as to tenancies in the Punjab, the Punjab Tenancy Act, 1887 (XVI of 1887), s. 51, printed, Punjab Code, Ed. 1888, p. 296.

2 The words "instituted within six months from the date of the dispossession," were repealed by
the Repealing and Amending Act, 1891 (XII of 1891).

3 See now the Code of Civil Procedure (Act XIV of 1882), printed, General Acts, Vol. IV.
For Act IX of 1872, see General Acts, Vol. II, p. 299.

IX of 1872.

(Part II-Of Specific Relief. Chapter I.-Of recovering Possession of Property. Sec. 11. Chapter II.-Of the Specific Performance of Con

tracts. Sec. 12.)

to deliver it to the person entitled to its immediate possession, in any of the to deliver to following cases :

person entitled to

(a) when the thing claimed is held by the defendant as the agent or immediate trustee of the claimant ;

(b) when compensation in money would not afford the claimant adequate relief for the loss of the thing claimed ;

(c) when it would be extremely difficult to ascertain the actual damage caused by its loss;

(d) when the possession of the thing claimed has been wrongfully transferred from the claimant.

Illustrations

of clause (a)

A, proceeding to Europe, leaves his furniture in charge of B as his agent during his absence. B, without A's authority, pledges the furniture to C, and C, knowing that B had no right to pledge the furniture, advertises it for sale. C may be compelled to deliver the furniture to A, for he holds it as A's trustee.

of clause (b)

Z has got possession of an idol belonging to A's family, and of which A is the proper custodian. Z may be compelled to deliver the idol to A.

of clause (c)

A is entitled to a picture by a dead painter and a pair of rare China vases, B has possession of them. The articles are of too special a charaeter to bear an ascertainable market-value. B may be compelled to deliver them to A.

CHAPTER II.

OF THE SPECIFIC PERFORMANCE OF CONTRACTS,

(a) Contracts which may be specifically enforced.

possession.

12. Except as otherwise provided in this Chapter, the specific performance Cases in of any contract may in the discretion of the Court be enforced

which specific performance

(a) when the act agreed to be done is in the performance, wholly or enforceable,

partly, of a trust;

(b) when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done;

(c) when the act agreed to be done is such that pecuniary compensation for its non-performance would not afford adequate relief; or

(Part II.-Of Specific Relief. Chapter II.-Of the Specific Performance of
Contracts. Sec. 12.)

(d) when it is probable that pecuniary compensation cannot be got for
the non-performance of the act agreed to be done.

EXPLANATION.-Unless and until the contrary is proved, the Court shall presume that the breach of a contract to transfer immoveable property cannot be adequately relieved by compensation in money, and that the breach of a contract to transfer moveable property can be thus relieved.

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A holds certain stock in trust for B. A wrongfully disposes of the stock. The law creates an obligation on A to restore the same quantity of stock to B, and B may enforce specific performance of this obligation.

A

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agrees to buy, and B agrees to sell, a picture by a dead painter and two rare China A may compel B specifically to perform this contract, for there is no standard for ascertaining the actual damage which would be caused by its non-performance.

vases.

of clause (c)

A contracts with B to sell him a house for Rs. 1,000. B is entitled to a decree directing A to convey the house to him, he paying the purchase-money.

In consideration of being released from certain obligations imposed on it by its Act of Incorporation, a railway-company contract with Z to make an archway through their railway to connect lands of Z severed by the railway, to construct a road between certain specified points, to pay a certain annual sum towards the maintenance of this road, and also to construct a siding and a wharf as specified in the contract. Z is entitled to have this contract specifically enforced, for his interest in its performance cannot be adequately compensated for by money; and the Court may appoint a proper person to superintend the construction of the archway, road, siding and wharf.

A contracts to sell, and B contracts to buy, a certain number of railway-shares of a particular description. A refuses to complete the sale. B may compel A specifically to perform this agreement, for the shares are limited in number and not always to be had in the market, and their possession carries with it the status of a shareholder, which cannot otherwise be procured.

A contracts with B to paint a picture for B, who agrees to pay therefor Rs. 1,000. The picture is painted. B is entitled to have it delivered to him on payment or tender of the Rs. 1,000.

of clause (d)

A transfers without endorsement, but for valuable consideration, a promissory note to B. A becomes insolvent, and C is appointed his assignee, B may compel C to endorse the note

'This Illustration is repealed wherever the Indian Trusts Act, 1882 (II of 1882), is in forcesee Act II of 1882, ss. 1 and 2, printed, General Acts, Vol. IV,

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