1.
INTRODUCTION
The
specific performance is actual execution according to the terms stipulated. It
is enforced under equitable jurisdiction vested in the court of law. The
specific relief act provides detail of those person who are entitled to sue for
specific performance of the contracts.
2.
RELEVANT PROVISIONS
Sec,
23 Specific Relief Act.
3.
PERSONS ENTITLED TO OBTAIN SPECIFIC PERFORMANCE
Following
persons are entitled to obtain specific performance of the contract.
I. ANY
PARTY
Any
party to the contract can sue in the court of law for obtaining specific
performance of the contract.
Case
Law
1992
CLC 1688
It
was held that one of co promises can file suit for specific performance of
contract but the other should be joined in a suit as defendants if they so
desire can be transposed as plaintiffs.
II.
Representative in Interest
The
representative in interest or the principal of any party there to.
Exceptions
(i)
Where the learning skill, solvency, or any personal quality of such party is
material ingredient in the contract.
(ii)
Where the contract already provides the interest is not assignable.
People
Included in Representative in interest
Following
are persons included in representative in interest.
a.
Transferee
b.
Executor
c.
Administrator
d.
Assignee
e.
Agent
f.
Receiver
III.
BENEFICIALLY ENTITLED
Where
the contract is a settlement on marriage, or a compromise of doubtful rights
between members of the same family, any person beneficially entitled there under.
IV.
REMAINDER MAN
Where
the contract has been entered into by a tenant for. life in due exercise of
power, the remainder man.
V. A
REVERSIONER IN POSSESSION
A
reversioner in possession where the agreement is a covenant entered into with
in predecessor in title and the reversioner is entitled to the benefit of such
convent.
VI.
A REVERSIONER IN REMAINDER
A
reversioner in remainder, where the agreement is such a convenit and the
reversioner is entitled to the benefit thereof and will sustain material injury
by reasons of its breach.
VII.
AMALGAMATED COMPANY
When
a public company has entered into a contract and subsequently becomes
amalgamated with another public company, the new company which arises out of
the amalgamation.
VIII.
COMPANY
When
the promoters of a public company have before its incorporation entered into a
contract for the purposes of the company and such contract is warranted by the
terms of the incorporation, the company.
4. CONCLUSION
To
conclude I can say that, specific performance of a valid contract may be
obtained any part to the contract, beneficially entitled persons, remainder
man, amalgamated company and by a company.
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