Section 13:
Rights of purchaser or lessee against person with no title or imperfect title.
(1) Where a person
contracts to sell or let certain immovable property having no title or only an imperfect title, the purchaser
or lessee (subject to the other provisions of this Chapter), has the following rights, namely:--
(a) if the vendor or lessor has subsequently to the contract acquired any interest in the property,
the purchaser or lessee may compel him to make good the contract out of such interest;
(b) where the concurrence of other person is necessary for validating the title, and they are bound
to concur at the request of the vendor or lessor, the purchaser or lessee may compel him to procure
such concurrence, and when a conveyance by other persons is necessary to validate the title and they
are bound to convey at the request of the vendor or lessor, the purchaser or lessee may compel him to
procure such conveyance;
(c) where the vendor professes to sell unencumbered property, but the property is mortgaged for
an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where
necessary, also a conveyance from the mortgagee;
(d) where the vendor or lessor sues for specific performance of the contract and the suit is
dismissed on the ground of his want of title or imperfect title, the defendant has a right to a return of
his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest
and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of
the contract.
(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.