Section 17 of the Specific Relief Act, 1963 – Contract to sell or let property by one who has no title, not specifically enforceable

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Section 17: Contract to sell or let property by one who has no title, not specifically enforceable

  • (1) A contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor–
    • (a) who, knowing himself not to have any title to the property, has contracted to sell or let the property;
    • (b) who, though he entered into the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt.
  • (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property.

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

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