Section 25 in The Specific Relief Act, 1977 (1920 A.D.)
25. Contracts to sell property by one who has no title or, who is a voluntary settler.
- A contract for the sale or letting of property, whether movable or immovable, cannot be specifically enforced in favour of a vendor or lessor.-(a)who knowing himself not to have any title to the property, has contracted to sell or let the same;(b)who, though he entered into the contract believing that he had a good title to the property, cannot, at the time fixed by the parties or by the Court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt;(c)who, previous to entering into the contract, has made a settlement (though not founded on any valuable consideration) of the subject-matter of the contract.Illustrations.(a)A, without C's authority, contracts to sell to B an estate which A knows to belong to C. A cannot enforce specific performance of this contract, even though C is willing to confirm it.(b)A bequeaths his land to trustees, declaring that they may sell it with the consent in writing of B, gives a general prospective assent in writing to any sale which the trustee may make. The trustee then enter into a contract with C to sell him the land. C refuses to carry out the contract. The trustees cannot specifically enforce this contract, as, in the absence, of B's consent to the particular sale to C, the title, which they can give to C is, as the law stands, not free from reasonable doubt.(c)A, being in possession of certain land, contract, to sell it to Z. On enquiry it turns out that A claims the land as heir of B, who left the country several years before, and is generally believed to be dead, but of whose death there is no sufficient proof. A cannot compel Z specifically to perform the contract.(d)A, out of natural love and affection, makes a settlement of certain property on his brothers and their issue, and afterwards enters into a contracts to sell the property to a stranger. A cannot enforce specific performance of this contract so as to override the settlement, and thus prejudice the interests of the persons claiming under it.(f)for whom contracts cannot be specifically enforced, except with a variation.
