Section 19 of the Specific Relief Act, 1963 – Relief against parties and persons claiming under them by subsequent title

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Section 19: Relief against parties and persons claiming under them by subsequent title

Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against–

  • (a) either party thereto;
  • (b) any other 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;
  • (c) any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant; 1[(ca) 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.]
  • (d) when a company has entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation;
  • (e) 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, the company: Provided that the company has accepted the contract and communicated such acceptance to the other party to the contract.

Amendment notes (numbers in square brackets in the text above):

  1. 1. Clause (ca) ins. by Act 18 of 2018, s. 8 (w.e.f. 1-10-2018).

Source: official text of The Specific Relief Act, 1963 as published on India Code (PDF). All sections of the Specific Relief Act, 1963.