Section 22 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 22 allows a person suing for specific performance of a contract to transfer immovable property to ask, in an appropriate case, for possession or partition and separate possession in addition to performance, or for other relief including refund of any earnest money or deposit if specific performance is refused. The relief must be specifically claimed, with amendment allowed at any stage.
This article follows the consolidated text of the Act consulted (amendments shown up to Act 18 of 2018). Later amendments should be checked before you rely on any provision.
A person suing for specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for possession, or partition and separate possession, in addition to performance, or for any other relief to which he may be entitled, including refund of earnest money or deposit, if his claim for performance is refused. Neither relief can be granted unless specifically claimed, but the court shall allow amendment of the plaint at any stage on just terms. These powers are without prejudice to compensation under section 21.
Section 22(1): what can be asked for
"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—"
Four points:
- Override: the Code of Civil Procedure, 1908 does not stand in the way. The section names no Order or rule of the Code.
- Who: "any person suing for the specific performance of a contract for the transfer of immovable property". So this applies to sales, exchanges and similar transfers of land or buildings, not to contracts on movables.
- "may ... ask for": the plaintiff's choice, not an entitlement in every case.
- "in an appropriate case": the court judges whether the case is appropriate.
If you have signed an agreement to buy property and paid an advance, it helps to talk to our dispute resolution team about which of the reliefs below to claim.
Clause (a): possession or partition, in addition to performance
"possession, or partition and separate possession, of the property, in addition to such performance". A buyer who obtains a decree that the seller must complete the sale can ask for possession in the same suit. Where the property is held jointly and only a share is being transferred, the plaintiff can ask for partition and separate possession. This saves a second suit. For the sale itself and how it operates, see our post on sale of immovable property under section 54 of the Transfer of Property Act.
Clause (b): other relief, including refund of earnest money
"any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or made by him, in case his claim for specific performance is refused."
The footnote shows that the words "made by" were substituted for "made to" by Act 52 of 1964, section 3 and the Second Schedule, with effect from 29 December 1964. That change was made long before the 2018 Act.
So where the court refuses specific performance, the plaintiff can still get back any earnest money or deposit he paid or made. An invented example: Rajan paid Rs 2,00,000 as earnest money under an agreement to buy a flat. The court refuses specific performance because of a ground within Chapter II. If Rajan has asked for it, the court can order refund of the earnest money under section 22(1)(b). The amount is invented for the example.
For how an agreement to sell differs from a sale deed, see our post on agreement to sell and sale deed, the legal differences.
Section 22(2) and its proviso: relief must be specifically claimed
"No relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it has been specifically claimed". So possession, partition and earnest money refund must each be claimed.
The proviso is printed "Provident that" in the text consulted; it should read "Provided that". It says: "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."
If the plaintiff forgot to claim possession or the refund, he is not shut out: the court "shall" allow amendment "at any stage of the proceeding", on just terms. For plaint drafting, see our guides on the structure of a plaint and the specimen plaint format.
Section 22(3): without prejudice to section 21
"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." Refund of earnest money and compensation are separate. The court can order the refund and also award compensation under section 21, which is guided by section 73 of the Indian Contract Act, 1872.
| Provision | Relief | Condition |
|---|---|---|
| 22(1)(a) | Possession, or partition and separate possession, in addition to performance | Suit for specific performance of a contract for transfer of immovable property; appropriate case |
| 22(1)(b) | Any other relief, including refund of earnest money or deposit | If specific performance is refused |
| 22(2) | Must be specifically claimed | Proviso: court shall allow amendment at any stage on just terms |
| 22(3) | Relation to section 21 | Refund is without prejudice to compensation |
Section 22 and the bar in section 24
Section 24 says that dismissal of a suit for specific performance bars a later suit for compensation for the breach, but not other relief; see sections 24-25. Because of that, a plaintiff who might lose on performance should think about claiming the refund and compensation in the same suit.
Practical points
List every relief you may need: performance, possession or partition, refund of the earnest money or deposit, and compensation. Claim each expressly. If you have already filed without one of them, consider amendment, which the proviso says the court shall allow on just terms. Keep proof of every payment: receipts, bank entries, the agreement. For the time within which to sue on an agreement, the Act prints no period here; see the Limitation Act article on specific performance and compensation for breach of contract. For the next sections, see section 23.
Need help recovering earnest money or enforcing a property agreement?
An advance paid under an agreement to sell is often the largest sum at stake, and the plaint must claim the right reliefs. You can bring your agreement and receipts to our dispute resolution team to decide what to claim and how.
Key takeaways
- Section 22 applies to a person suing for specific performance of a contract for the transfer of immovable property.
- He may, in an appropriate case, ask for possession, or partition and separate possession, in addition to performance.
- He may also ask for other relief, including refund of earnest money or deposit, if specific performance is refused.
- Neither relief is granted unless specifically claimed, but amendment must be allowed at any stage on just terms.
- The power to order refund is without prejudice to compensation under section 21.
Read next
- Section 21 of the Specific Relief Act, 1963: compensation in a suit for specific performance
- Section 23 of the Specific Relief Act, 1963: liquidated damages clause not a bar to specific performance
- Section 28 of the Specific Relief Act, 1963: rescission after a decree for sale or lease of immovable property
Disclaimer: Based on a consolidated text of the Specific Relief Act, 1963 showing amendments up to the Specific Relief (Amendment) Act, 2018 (in force from 1 October 2018), as consulted on 2 October 2026. Later amendments, notifications under the Act and the law of limitation should be checked. This article is general information, not legal advice; check the official text before acting.