Specific Relief Act Section 19 — Relief against parties and persons claiming under them by subsequent title

CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS

General

Summary

A court can order someone to carry out a contract against the people listed here, unless the law says otherwise. This includes the people who signed the contract, and anyone who later gets a right to the property from them, except a buyer who paid in good faith without knowing about the original contract. It also covers people with an earlier claim that the defendant could have legally overridden, and new companies formed when two companies or limited liability partnerships merge after one of them signed the contract. If company promoters signed a contract before the company was officially created, the company itself can be held to it, but only if the company accepts the contract and tells the other side.

Official Text

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. 2[Substituted performance of contracts, etc.] 3