PART II SPECIFIC RELIEF · CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS · PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED

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

The Specific Relief Act, 1963

(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.

Questions on this section

1 question in 5 of our papers cite Section 17. Try these from the free papers:

1. Assertion (A): A vendor who honestly believed that he had a good title when he contracted to sell land cannot obtain specific performance if, at the time fixed for completion, he cannot give the purchaser a title free from reasonable doubt. Reason (R): Under Section 17(1)(b) of the Specific Relief Act, 1963, a contract to sell immovable property cannot be specifically enforced in favour of a vendor who, though he contracted believing he had a good title, cannot at the time fixed for completion give the purchaser a title free from reasonable doubt.

Practise questions on Specific Relief Act