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Section 17 of Specific Relief Act 1963: Contract to sell or let property by one who has no title, not specifically enforceable

Section 17 (Contract to sell or let property by one who has no title, not specifically enforceable) under Chapter II "Persons for or against whom contracts may be Specifically Enforced" of Part II (Specific Relief) of the Specific Relief Act, 1963

❝(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.❞




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Notes:

The Specific Relief Act, 1963 was amended by from time to time by:
- the Repealing and Amending Act, 1964 (Act No. 52 of 1964);
- the Repealing and Amending Act, 1974 (Act No. 56 of 1974);
- the Specific Relief (Amendment) Act, 2018 (Act No. 18 of 2018).

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