282 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
This remedy of money compensation is not an adequate remedy in all cases. The loss of some things can be compensated by payment of money. The loss of others cannot be compensated by money. Their loss can be made good by the return of the very same article. Similarly, the refusal to perform an obligation may be compensated by money. In other cases, the only adequate remedy is to compel the performance of the very same obligation.
Thus there are two kinds of remedies provided by law :
(a) those under which the suitor is granted the very same things to which he is entitled, by virtue of the right he has acquired against his opponent; and
(b) those under which the suitor is granted not the very same thing to which he was entitled, but money compensation or damages in lieu thereof.
Specific Relief is the name given to the first kind of remedy.
The relief is called specific because it is relief in specie, i.e. in terms of the very thing to which a suitor is entitled.
IV. What Specific Reliefs are provided for in the Specific Relief Act.
- The forms of Specific Reliefs provided for in the Specific Relief Act form under four divisions :
(1) Taking possession of property and delivering it to the claimant who is out of possession.
(2) Requiring Performance of Contract.
(3) Compelling the Performance of a Statutory Duty.
(4) Preventing the doing of a wrong.
- The subdivisions of the 4th category are :
(i) Rectification of an instrument.
(ii) Rescission of an instrument.
(iii) Cancellation of an instrument.
(iv) Declaration of status.
(v) Receivers—appointment of—
(vi) Injunctions.