Examveda
Examveda

A, B and C are coparceners, A is in separate possession of joint family property. He sells it to D and puts D in possession. B and C sue for declaration of title that the property is joint family property. The Court

A. Will issue a declaration that property is joint family property

B. Will direct the plaintiff to implied 'A' as a party before granting decree for declaration

C. Will dismiss the suit as plaintiffs are in a position to claim consequential relief of possession

D. None of the above

Answer: Option C


This Question Belongs to Law >> Specific Relief Act

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Related Questions on Specific Relief Act

Point out - On which of the following ground the court shall not refuse the decree of specific performance.

A. In a contract, where plaintiff has been given an unfair advantage over the defendant

B. In a case where the contract is not enforceable at the instance of the other party

C. Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance

D. Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff