Act Number: 47

Act Name: The Specific Relief Act, 1963

Year: 1963

Enactment Date: 1963-12-13

Long Title: An Act to define and amend the law relating to certain kinds of specific relief.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 19: Relief against parties and persons claiming under them by subsequent title.
    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;
1[(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.
Notes:
1. Ins. by Act 18 of 2018, s. 8 (w.e.f. 1-10-2018).
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