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Specific Relief Act, 1963

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 favor of a vendor or lessor-

(a) who, knowing 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.

Specific Relief Act, 1963 Back

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