Legal World

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

The Specific Relief Act, 1963 · Official PDF page 8

Open in NyayaOfficial PDF, page 8

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.

Text extracted from the official PDF (India Code source copy; consolidation date not certified). Line breaks and footnote marks may differ; the PDF is the authority.

For research. Check the official gazette and later amendments before citing a section.