Section 19 of SRA : Section 19: Relief Against Parties And Persons Claiming Under Them By Subsequent Title

SRA

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Explanation using Example

Imagine that Raj and Simran entered into a contract where Raj agreed to sell his house to Simran. After agreeing to the sale but before the transfer was completed, Raj changed his mind and refused to go through with the deal. Simran, eager to own the house, sought legal action to enforce the specific performance of the contract.

In this scenario, under Section 19(a) of The Specific Relief Act, 1963, the court may enforce specific performance against Raj, as he is a party to the contract.

Now, suppose Raj had a son, Rohan, who knew about the contract but Raj transferred the house to Rohan after the agreement with Simran. Rohan did not pay for the house and was aware of Simran's claim. Simran could enforce specific performance against Rohan under Section 19(b), as he claimed under Raj by a title arising subsequently to the contract and had notice of the original contract.

If, in another twist, Raj had previously promised the house to Karan (before the contract with Simran), but Karan's claim to the house was not legally strong and Simran was aware of this situation, under Section 19(c), Simran could still enforce the contract against Karan since Karan's prior title could have been displaced by Raj, the defendant.

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