Purchasers right against vendor with imperfect title
Q1 Discuss the purchasers right against vendor with imperfect tile?
Q discuss the right of a purchaser or lesse against a vendor or lesser with an imperfect title.
An imperfect title refers to that is defective and does not cover full legal transfer of a land or real estate, having an incomplete or undisputed or unencumbered right of ownership of property.
In a contract between purchaser and vendor both sides are entitled to make good their contract. Therefore, the person transferring for consideration property not vested in him at the time of transfer but devolving on him subsequently is bound to make good the contract.
Section 18 lays down certain rights which the purchaser or the lesse of a property against the vendor or the lessor who having an imperfect title there to contracts to sell or let. It doesnot make the contract invalid. It postulates the remedies of a person who find that he had entered into a contract in regard to an immovable property with the person who has only imperfect title thereto.
The courts in England have since long applied the rule of feeding by estoppel whereby the benefit of a subsequent acquisition by a grantor of an interest in land which he did not possess at the time of the grant went to the grantee when the grantor subsequently came to acquire the interest in the said land. This principle was recognized in the case Rajapakse v. Fernando. Under the equitable principle which is contained in the doctorine “ equity regards that as done which ought to be done. This principle has found statutory recognition in this country by section 18 of the specific relief act.
Followed by note : note 4 pg no 14-18
PLD 1962 Law 321, the person transferring the property for consideration not vested in him at the time of transfer but devolving on him subsequently is bound to make good the property.
Q who may obtain specific performance explain with illustratios? Sec 23
Q discuss the dicretion of court while decreeing the relief of specific performance.
