Notice by purchaser for specific performance of agreement

Notice by purchaser for specific performance of agreement

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such to to complete performance of the contract. ... Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property

Specific Relief Act, 1963    under section 19 of this act  Relief against parties and persons claiming under them by subsequent title

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;

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

``Section 19(b) protects the bona fide purchaser in good faith for value without notice of the original contract. This protection is in the nature of exception to the general rule. Hence, the onus of proof of good faith is on the purchaser who takes the plea that he is an innocent purchaser.

``Good faith is a question of fact to be considered and decided on the facts of each case. Section 52 of the Panel Code emphasizes due care and attention in relation to the good faith. In the General Clauses Act, the emphasis is laid on honesty'', the court added.

under notice is given NOTICE BY PURCHASER FOR SPECIFIC PERFORMANCE OF AN AGREEMENT.

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