Recovery suit permanent injection vs specific performance

Here’s a clear comparison between a recovery suit, permanent injunction, and specific performance under Indian civil law (mainly under the Specific Relief Act, 1963 and CPC, 1908):

🏛️ 1. Recovery Suit

Purpose:
To recover possession of property (movable or immovable) or money from a person who has wrongfully taken or retained it.

Key Features:

• Filed under CPC (Order XXI for execution) or Specific Relief Act (Sections 5, 6).
• Often involves unlawful possession or breach of contract (e.g., refund cases).
• Can be filed for recovery of money (due to loan, damages, rent, etc.) or possession of property.

Examples:

• A landlord files a suit to recover possession from a tenant overstaying after lease expiry.
• Recovery of money lent via a promissory note.

⚖️ 2. Permanent Injunction

Purpose:
To restrain a party permanently from doing an act that violates the rights of another.

Legal Basis:
Section 38, Specific Relief Act, 1963

Key Features:

• Granted by court after full trial.
• Prevents future or continued infringement of legal rights (e.g., property rights, contract terms).
• Differs from temporary injunction (Order XXXIX CPC), which is interim relief.

Examples:

• A neighbor is permanently restrained from encroaching on another’s land.
• A builder is restrained from selling a disputed flat.

📜 3. Specific Performance

Purpose:
To compel a party to perform a contract according to its terms, especially when monetary compensation is inadequate.

Legal Basis:
Sections 10-14 of the Specific Relief Act, 1963

Key Features:

• Usually invoked in real estate/property contracts, or sale of unique goods.
• Monetary compensation not adequate remedy.
• Discretionary relief, not granted if contract is void or performance impossible.

Examples:

• Buyer of land sues the seller to enforce sale agreement.
• A party sues to get a company to transfer shares as agreed.

🔍 Comparison Table