Contract to Sell or Let Property by one who has no Title, not Specifically Enforceable – Section 17 | Specific Relief Act

23Sep 2018 by admin

Section 17 of the Specific Relief Act, 1963 Provides that:

Performance of contract:

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Trial Court found that there was no con­tract of sale, as required by Article 299 between plaintiff and Union of India. Rather, plaintiff was in unlawful occupation and, therefore, after evicting him. Union of India, delivered possession of house to the appellant in ac­cordance with law. Refusal of decree by trial Court Erroneously reversed by High Court. However, since only appellant came to Supreme Court against decree of High Court, his right could not be adversely affected in execution of decree by plaintiff against Union of India.

Image Source: propertyupdate.com.au

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