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WHO MAY SUE FOR SPECIFIC PERFORMANCE

WHO MAY SUE FOR SPECIFIC PERFORMANCE :

Section 15 lays down that specific performance of a contract may be obtained by (a) any party thereto; (b) the representative in interest or the principal, of any party thereto; provided that where the learning, skill, insolvency or any personal quality of such party is a material ingredient in the contract, or where the contract provides that his interest shall not be assigned, his representative in interest or his principal shall not be entitled to specific performance of the contract, unless such party has already performed his part of the contract, or the performance thereof by his representative in interest, or his principal, has been accepted by the other party; (c) where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder; (d) where the contract has been entered into by tenant-for-life in due exercise of a power the remainder man; (e) a reversioner in possession, where the agreement is a convenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such convenant; (f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit thereof and will sustain material injury by reason of its breach; (g) when a company has entered into a contract and subsequently becomes amalgamated with another company the new company which arises out of the amalgamation; (h) when the promoters of a company have, before its incorporation, entered into a contract for the purpose of the company and such a contract is warranted by the terms of the incorporation of the company provided that the company has accepted the contract and has communicated such acceptance to the other party to the contract.

Generally, only a party to the contract can get its specific performance. The section gives the list of persons who can sue for specific performance of a contract. The general principle is that in a suit for specific performance of a contract, all the parties to the contract should be parties to the suit and no one else.

 

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