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

The Specific Relief Act, 1963Central Act · Act 47 of 1963

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;

[(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.

Where this provision sits

ActThe Specific Relief Act, 1963
Section19
Marginal noteRelief against parties and persons claiming under them by subsequent title.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it5

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 18 of 2018. . Ins. by Act 18 of 2018, s. 8 (w.e.f. 1-10-2018).

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