Who May Obtain Specific Performance of Contract

Under section 23 of the Specific Relief Act 1877 the following persons can obtain the specific performance of the contract;-

  1. Any party of the contract.
    2. The representative-in-interest or the principal of any party thereto. 2where the learning skill solvency or any personal quality of such party is a material ingredient in the contract or where the contract provides that this interest shall not be assigned his representatives in interest or his principal shall not be entitled to specific performances of the contract unless where his part thereof has already been performed.
    3. Where the contract is settlement on marriage or a compromise of doubtful right between members of the same family any person beneficially entitled there under.
    4. Where the contract has been entered into by a tenant for life n due exercise of a power the remainder man.
    5. A reversioner in possession where the agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant.
    6. A reversioner in remainder where the agreement is such a covenant and the reversioner is entitled to the benefit and will sustain material injury by reason of its breach.
    7. 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.
    8. When the promoters of a public 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 the company.

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