Specific Relief Act MCQ question and answer

51

A suit for possession of an immovable property based on title by a plaintiff, who has been dispossessed can be filed:

A) Within six months of dispossession as per Section 5 of Specific Relief Act B) Even beyond six months and upto a period of 12 years as provided in Article 65 of the Limitation Act when dispossession is of a person who is the title holder of the immovable property C) Beyond six months against a rank trespasser, by an owner of an immovable property, if dispossession of the plaintiff of an immovable property takes place after plaintiff had already given a public notice of his being in actual physical possession of the suit property against the world at large D) Beyond six months of dispossession of a person having an ownership title, and against a person who dispossesses the person having ownership title provided only if the title of the plaintiff is recorded either in the municipal records or in the revenue records

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Answer & Solution

Answer: Option B

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52

A suit under Section 6 of the Specific Relief Act, 1963 can be filed:

A) For recovery of possession of movable property B) For recovery of possession of immovable property C) For recovery of both immovable property and movable property D) Against the government

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Answer & Solution

Answer: Option B

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53

Ramesh and Geeta were husband and wife living in Bangalore. Ramesh was an Income Tax Officer and Geeta was a school teacher. They had two sons studying in schools in Bangalore. Parents of Ramesh were also staying with them. Ramesh was transferred to Madras and he had to leave his family behind at Bangalore. He promised to send every month Rupees thirty thousand to meet family expenditure, to his wife. Ramesh did not send any money from Madras. If Geeta filed a suit for specific performance of the contract, then which one of the following is correct?

A) Family agreements are not contracts and hence, no order for specific performance can be ordered B) It is a valid contract. Specific performance is to be ordered C) This is being an agreement without consideration. It is not an enforceable contract D) It is a breach of family responsibilities, so specific performance order is called for

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Answer & Solution

Answer: Option A

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54

An injunction cannot be granted:

A) To restrain any person from instituting or prosecuting any proceeding in a Court not subordinate to that from which injunction is sought B) To restrain any person from instituting or prosecuting any proceeding in any Court C) To restrain any person from instituting or prosecuting any proceeding in a Court subordinate to that from which injunction is sought D) To restrain any person from instituting or prosecuting any proceeding in the same court from which injunction is sought

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Answer & Solution

Answer: Option A

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55

Specific performance of a contract means

A) Actual execution of the contract according to its stipulation and terms B) Claim of damages or compensation for the non-execution of the contract C) Either (A) or (B) D) Neither (A) nor (B)

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Answer & Solution

Answer: Option A

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56

A contracts with B to sing for twelve months at B' 5 theatre and not to sing in public elsewhere.

A) B cannot obtain specific performance to sing, but he is entitled to an injunction restraining A from singing at any other place of public entertainment B) B can only obtain specific performance to sing C) B could not only obtain specific performance to sing, but he is also entitled to an injunction restraining A from singing at any other place of public entertainment D) None of the above

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Answer & Solution

Answer: Option A

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57

A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.

A) True B) False C) It is upto trustee D) Both B and C

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Answer & Solution

Answer: Option A

Solution:

In accordance with the principles of equity and trust law, a trustee holds a fiduciary duty to act in the best interests of the beneficiaries and to administer the trust property in accordance with the terms of the trust deed or applicable law. If a trustee enters into a contract that exceeds their powers or breaches their fiduciary duties, it is considered a breach of trust.

Under the Specific Relief Act, which governs the specific performance of contracts, a contract made by a trustee in excess of their powers or in breach of trust cannot be specifically enforced. This means that if a trustee enters into such a contract, the beneficiaries or other affected parties cannot compel the trustee to carry out the contract through specific performance.

Therefore, the statement "A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced" is true (Option A).

58

Sub-section (2) of Section 27 of Specific Relief Act accordingly provides that the right of rescission is not available in the following cases:

A) Where the position of the parties has been altered to such an extent that they cannot be put back to their original status B) Where the contract is unlawful for causes not apparent on its face and the defendant is more to be blamed C) Where the plaintiff is seeking rescission of only a part of the contract and that part is not severable from the rest of the contract D) Both (A) and (C)

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Answer & Solution

Answer: Option D

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59

Under Section 38 of the Specific Relief Act, 1963, perpetual injunction can be granted in cases of -

A) Torts B) Contracts C) Both (A) and (B) D) None of the above

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Answer & Solution

Answer: Option B

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60

Under Section 10 of the Specific Performance Act, the specific performance cannot be granted, if

A) There is no concluded contract B) There is a concluded contract C) The compensation in money is not an adequate relief D) There exists no standard for ascertaining the actual damages

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Answer & Solution

Answer: Option A

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Specific Relief Act MCQ question and answer | Law MCQ question