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A seller agrees to sell land to a buyer who meets the statutory requirements for specific performance.…

Section 19 permits enforcement against a contracting party and a subsequent transferee. The exception protects a transferee for value who paid in good faith and without…

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A seller agrees to sell land to a buyer who meets the statutory requirements for specific performance. While that contract remains in force, the seller transfers the land to a third party who knows of the earlier contract. Against whom may the buyer enforce specific performance under section 19 of the Specific Relief Act, 1963?

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Answer and explanation

Correct answer D

Section 19 permits enforcement against a contracting party and a subsequent transferee. The exception protects a transferee for value who paid in good faith and without notice of the original contract. The transferee here had notice, so the buyer may enforce specific performance against the seller and the transferee.

Option feedback

Option A

The Act permits enforcement against a contracting party and, subject to the exception, a subsequent transferee.

Option B

Lack of a direct contract with the transferee does not defeat the statutory rule for a later title holder.

Option C

The seller remains a contracting party against whom performance can be enforced.

Option D

The transferee had notice, so the statutory good-faith purchaser exception does not apply.

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