Against whom specific performance of a contract may be enforced under the Specific Relief Act, 1963? Explain.

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2019
Against whom specific performance of a contract may be enforced under the Specific Relief Act, 1963? Explain.

Answer & Explanation:

According to Section 19 of Specific Relief Act, 1963, specific performance of a contract may be enforced against: either party thereto, any person claiming under him, by a title arising subsequently to the contract except a transferee for value who has paid his money in good faith and without notice of the original contract, any person claiming under a title which though prior to the contract, and known to the plaintiff, might have been displaced by the defendant, when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation, when a company has entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation, when the promoters of a company have before its incorporation entered into a contract, for the purpose of the company and such contract is warranted by the terms of the incorporation of the company; provided that the company has accepted the contract and communicated such acceptance to the other party to the contract.

Topics: Specific Relief Act, 1963

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