Repealed or not in force · As amended up to 2026-08
27. Except as otherwise provided by this chapter, Relief specific performance of a contract may be enforced e;;\l;l;against - sons claiming
sons claiming under them by subsequent title. ,
(a) either par$ thereto ;
`(6)` any other person claiming under him by a title. 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 whieh, though
prior to the contract and known to the plaintiff, might have been displaced I?y the defendant ;
(d) when a public company has entered into a contract and subsequently becomes amdgarnated urith another public company, the i i c ~ ~ company which arises out of the amalgamation ;
(e) when the promoters of a public company havo, before its incorporation, entered into a contract, the company : provided that the company has ratified and adopted the contract and the contract is warranted by the terms of the incorporation.
IJZastratio?zs
to clause (&).-A contracts to convey certaiu land to B by a particular day. [A ][dies intestate before that day without having ] conveyed the land. B may compel A's heir or other representative in interest to perform the contract specifically.
A coxlttacts to sell cei-tain land to B for Rs. 5,000. A afterwards conveys the land for Rs. 6,000 to C, who has notice of the original contract. B may enforce specific performance of the contract as against C.
A contracts to sell land to B for Rs. 5,000. B takes possession of the land. Afterwards A sells it to C for Rs. 6,000. C makes no inquiry of B relating to his interest in the land. B's possessioo is sufficient to affect C mith notice of his interest, and he may enforce specific performance of the contract agaiust C.
A contracts in consideration of Rs. 1,000, to bequeatl-! certain of his lands to B. Immediately after the contract A dies intestate, and C takes out administration to his estate. B may enforce specific performance of the contract against C .
A contracts to sell certain land to B. Before the completion of the contract, A becomes a lunatic and Cis appointed his committee. B may specifically enforce the contract against C. to clause the tenant for life of an estate, with remainder to B, in due exercise of a power conferred by the settlement under which he is tenaot for life, contracts to sell the estate to C, who has notice of the settlement. Before the sale is completed, A dies. C may enforce specific performance of the contract against B. A and B are joint teoants of land, his undivided moiety of which either may alien in his lifetime, but which, subject to that right, devolves oo the survivor. A contracts to sell his moiety to C and dies. C may enforce specific performance of the contract against B.
- (h). dgaifist whom Contvacts ca.~zlzot 6e q~eczically elfo?*ced.
- , W h ~ t rial-ties cnullotAbe co~npell ed to ~erform.
Source: India Code