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Erastotenes Plato   01 February 2024

Why can't it be enforced under the act? absolute title section 17 specific relief act 1963


The provisions of section 17 of the specific relief act in categorical term expressly state that a contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor who does not have absolute title.

Why must you have absolute title?

Why can't it be enforced under the act?

Any case law supporting this provision under the act?


 2 Replies

Dr. J C Vashista (Advocate )     01 February 2024

It is the law of land, which can be assailed in Parliament of India


Erastotenes Plato   02 February 2024

Understand, but i was trying to understanding the legal reasoning.  For example if If you have a sale agreement for land  that is  mortgaged  If the seller sells thet land they could pay off the debt making the title free and clear, whereas at the time of sale the property is not free and clear.


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