ESSENTIALS OF THE SPECIFIC RELIEF ACT, 1963
THE SPECIFIC RELIEF ACT, 1963
Matter in issue means fact in issue, that is, the ultimate fact or state of facts set forth in legal pleadings on which a verdict or finding is predicated as distinguished from the evidentiary facts offered to prove the ultimate fact or facts pleaded.
Mischief Rule of Interpretation of Statutes: The Mischief Rule of Interpretation of Statutes originated in the Heydon’s case (3 Co. Rep. 7a; 76 ER 637) in 1584. In this case it was held that for the sure and true interpretation of all statutes in general (be they penal or beneficial; restrictive or enlarging of the common law) four things are to be discerned and considered:
a. What was the common law before the making of the Act?
b. What was the mischief and defect for which the common law did not provide?
c. What remedy the Parliament had resolved and appointed to cure the disease of the Commonwealth?
d. The true reason of the remedy?