Any person suing for the specific performance of a contract for the transfer of immovable property m...........

Specific Relief Act (SRA) 1963 Specific Performance of Contract

Any person suing for..the specific performance of a contract for the transfer of immovable property may,n an appropriate case, ask for:

Possession, or partition and separate possession, of the property, in addition to such performance.

Refund of any earnest money or deposit paid or made to him, in case his claim for specific performance is refused.

Both (a) and (b).

Only (a).

छोटे Courses बड़े Results

Master Specific Performance of Contract

Prepare through Micro-courses

Try Now

Explanation:

Here’s the thing—when someone sues for specific performance of a contract to transfer immovable property, the law gives them a couple of backup moves:

- Option (a): They can ask the court not only for performance of the contract, but also for possession or, if it’s about a shared property, partition and separate possession. In plain terms: “I want you to hand over what you promised—and I want to take it, or my share, too.”

- Option (b): If the court says no to specific performance (maybe the deal falls apart for some reason), the plaintiff can say, “Okay, at least give me my earnest money or deposit back.”

- So, when you put both these together, Option 3 says you can ask for either or both of these routes, depending on the case.

Option 3: Both (a) and (b) is correct.