1) Who can claim Specific Performance? OR 2) who may obtain specific Performance?


Please suggest in the form of a list! 
 

 
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Hello,
Under section 19(a) of the Specific Relief Act,1963, either of the party has the right to claim Specific Performance.

Under section 19(b) of the Specific Relief Act, 1963, any person claiming under either of the party arising subsequently to the contract.

Regards,
Joy Bose


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Adv P & H High Court Chandigarh

You yourself study and should derive the relevant introduction. This is not good to be dependant upon others while studying.

 
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Giving knowledge increases.
 
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thanks Joy Bose sir....🙏🙏
 
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Adv P & H High Court Chandigarh

Tushar! You are right so better obtain knowledge and then distribute it to the maximum persons to whom ou want.

 
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Specific performance means accomplishing a promise made under a contract which has been agreed. A specific performance suit can be filed by any party, in a court who has the competence, who has underwent loss due to non-performance of contract on the part of other party to the contract. 

In Specific Relief Act, 1963, Section 19(a) and (b) states that specific performance of a contract can be enforced against either party thereto and any person demanding under him by a title arising consequent to the contract, except a transferee for value, who has paid his money with good faith and without notice of the original contract.

Apart from this Section 15 of Specific Relief Act gives a thorough explaination for who can obtain a specific performance.


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Hello, 

  • Specific performance is reasonable relief given to the plaintiff to enforce against the defendant, to perform the duty agreed by the contract both the parties.
  • This remedy is granted as an exception and therefore plaintiff has to satisfy that he incurred loss due to non- performance and that normal remedy is insufficient.
  • Section 15 of Specific relief act, 1963, specifies that any party or representative thereto expecting any earning skills, solvency or personal quality as material ingredient can sue for specific performance.
  • Section 19 states that specific performance can be imposed against either of the parties or any person acting as their representative and has interest in the title.

Regards,

Karishma Yadav

 

 
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