Specific Relief Act, 1963 · Chapter II: Specific Performance Of Contracts

Section 17 Specific Relief Act: Contract to sell or let property by one who has no title, not specifically enforceable

Bare Act text

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.

Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.

In simple words

Under sub-section (1), a contract to sell or let immovable property cannot be specifically enforced in favour of a vendor or lessor in two cases. Under clause (a), he knew he had no title when he contracted. Under clause (b), he believed he had a good title. But at the time fixed for completion, by the parties or the court, he cannot give a title free from reasonable doubt. Under sub-section (2), these rules apply, as far as may be, to movable property.