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Section 19 Specific Relief Act 1963: Relief against parties & persons claiming under them by subsequent title

Section 19 (Relief against parties and persons claiming under them by subsequent title) under Chapter II "Persons for or against whom contracts may be Specifically Enforced" of Part II (Specific Relief) of the Specific Relief Act, 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.❞




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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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