Specific Relief Act, 1877 — section 55

55. Mandatory injunction. When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the Court is capable of enforcing, the Court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts. Illustrations

(a)A, by new buildings, obstructs lights to the access and use of which B has acquired a right under the 2[Limitation Act, 1908 (IX of 1908)] Part IV. B may obtain an injunction, not only to restrain A from going on with the buildings, but also to pull down so much of them as obstructs B’s lights. 1 As to the working of mines under land, the surface of which has been acquired by Government, see the Land Acquisition (Mines) Act, 1885 (18 of 1885). 2 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “Indian Limitation Act”.

(b)A builds a house with eaves projecting over B’s land. B may sue for an injunction to pull down so much of the eaves as so project.

(c)In the case put as illustration (i) to section 54, the Court may also order all written communications made by B, as patient, to A, as medical adviser, to be destroyed.

(d)In the case put as illustration (y) to section 54, the Court may also order A’s letters to be destroyed.

(e)A threatens to publish statements concerning B which would be punishable under Chapter XXI of the Pakistan Penal Code (XLV of 1860). The Court may grant an injunction to restrain the publication, even though it may be shown not to be injurious to B’s property.

(f)A, being B’s medical adviser, threatens to publish B’s written communications with him, showing that B has led an immoral life. B may obtain an injunction to restrain the publication.

(g)In the cases put as illustrations (v) and (w) to section 54 and in illustrations (e) and (f) to this section, the Court may also order the copies produced by piracy, and the trade-marks, statements and communications, therein respectively mentioned, to be given up or destroyed.