Erastotenes Plato 01 February 2024
Hello
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?
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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