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The Specific Relief Act, 1963: page 8

The Specific Relief Act, 1963, India Code delivered snapshot 6785305b261cbbde, physical page 8. Unreviewed extraction.

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        (f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is
    entitled to the benefit thereof and will sustain material injury by reason of its breach;
         1
         [(fa) when a limited liability partnership has entered into a contract and subsequently becomes
    amalgamated with another limited liability partnership, the new limited liability partnership which
    arises out of the amalgamation.]
        (g) when a company has entered into a contract and subsequently becomes amalgamated with
    another company, the new company which arises out of the amalgamation;
        (h) when the promoters of a company have, before its incorporation, entered into a contract for the
    purposes of the company, and such contract is warranted by the terms of the incorporation, the
    company:
        Provided that the company has accepted the contract and has communicated such acceptance to the
    other party to the contract.
    16. Personal bars to relief.—Specific performance of a contract cannot be enforced in favour of a
person—
         2
          [(a) who has obtained substituted performance of contract under section 20; or]
        (b) who has become incapable of performing, or violates any essential term of, the contract that on
    his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in
    subversion of, the relation intended to be established by the contract; or  e
                                                                          od
        (c) 3[who fails to prove] that he has performed or has always been ready and willing to perform the
    essential terms of the contract which are to be performed by him, other than terms the performance of
    which has been prevented or waived by the defendant.           aC
         Explanation.—For the purposes of clause (c),—       di
                                                        In
             (i) where a contract involves the payment of money, it is not essential for the plaintiff to actually
         tender to the defendant or to deposit in court any money except when so directed by the court;
             (ii) the plaintiff 4[must prove] performance of, or readiness and willingness to perform, the
         contract according to its true construction.
    17. Contract to sell or let property by one who has no title, not specifically enforceable.—(1) A
contract to sell or let any immovable property 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
    property;
         (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.
    (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire
of movable property.
    18. Non-enforcement except with variation.—Where a plaintiff seeks specific performance of a
contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the performance
sought, except with the variation so set up, in the following cases, namely:—
         (a) where by fraud, mistake of fact or mis-representation, the written contract of which performance
    is sought is in its terms or effect different from what the parties agreed to, or does not contain all the
    terms agreed to between the parties on the basis of which the defendant entered into the contact;


1. Ins. by Act 18 of 2018, s. 6 (w.e.f. 1-10-2018).
2. Subs. by s. 7, ibid., for clause (a) (w.e.f. 1-10-2018).
3.Subs. by s. 7, ibid., for “who fails to aver and prove” (w.e.f. 1-10-2018).
4. Subs by Act 18 of 2018, s. 7, for “must aver” (w.e.f. 1-10-2018).

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