PERSONS AGAINST WHOM SPECIFIC PERFORMANCE AVAILABLE :

Section 15 lays down the parties who can bring an action for specific performance.

According to Section 19, specific performance of a contract may be enforced against (a) either party thereto, (b) any person claiming under him, by a title arising subsequently to the contract except a transferee for value who has paid his money in good faith and without notice of the original contract, (c) any person claiming under a title which though prior to the contract, and known to the plaintiff, might have been displaced by the defendant, (d) when a company has entered into a contract and subsequently becomes amalgamated with another company — the new company which arises out of the amalgamation, (e) when the promoters of a company have before its incorporation entered into a contract, for the purpose of the company and such contract is warranted by the terms of the incorporation of the company; provided that the company has accepted the contract and communicated such acceptance to the other party to the contract.

Clauses (a) and (b) embody the principle that Court will enforce specific performance of a contract not only against either party, thereto, but also against any person claiming under either of the parties, a title arising subsequently to the contract, except a transferee for value who has paid money in good faith and without notice of the original contract.

Examples to clause (c) are voluntary alienness, joint tenants claiming survivorship and remainder man.