Specific Relief Act Section 22 — Power to grant relief for possession, partition, refund of earnest money, etc
CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS
General
Summary
A person who sues a court to force the transfer of a property (specific performance) can also ask, in a suitable case, for possession of that property, or for a partition and separate possession of it, along with the transfer. They can also ask for any other relief they are entitled to, including getting back any earnest money or deposit they paid, if the court refuses their claim for specific performance. The court will only grant these extra reliefs if the person specifically asked for them in their lawsuit, but the court must allow the person to amend their lawsuit at any stage to add such a claim. The court's power to grant a refund of earnest money or deposit is separate from its power to award compensation under another provision.
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 1[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.