Section 24
Section 24
A contract for the sale or letting of property, whether movable or immovable, 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 same;
(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;
(c)
who, previous to entering into the contract, has made a settlement (though not founded on any valuable consideration) of the subject-matter of the contract.
Specific Relief
B.L.R.O. 5/2012 27
Illustrations
(a)
A., without C.’s authority, contracts to sell to B. an estate which A. knows to belong to C. A. cannot enforce specific performance of this contract, even though C.
is willing to confirm it.
(b)
A., out of natural love and affection, makes a settlement of certain property on his brothers and their issue, and afterwards enters into a contract to sell the property to a stranger. A. cannot enforce specific performance of this contract so as to override the settlement and thus prejudice the interests of the persons claiming under it.
FOR WHOM CONTRACTS CANNOT BE SPECIFICALLY ENFORCED,
EXCEPT WITH VARIATION
Non-enforcement except with variation.