Specific Relief Act MCQ question and answer

71

Specific Relief Act:- Plaintiff, without having any title, filed a suit, for permanent injunction against dispossession, based on long possession;

A) Because there is no title-Plaintiff may be dispossessed B) Law respects possession-Plaintiff cannot be dispossessed except in accordance with law C) Suit is not maintainable D) Suit is not maintainable only for the relief of permanent injunction

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Answer & Solution

Answer: Option B

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72

Section 42 of Specific Relief Act, 1963 provides for

A) Injunction to perform negative agreements B) Injunction when refused C) Damages in lieu of injunction D) Mandatory injunction

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Answer & Solution

Answer: Option A

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73

In a case in which time had not been fixed for performance of the agreement, the court refused to grant the relief of specific performance to the plaintiff on the ground that suit was not filed within a reasonable time. The order is:

A) Illegal B) Null and void C) Legal D) Irregular

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Answer & Solution

Answer: Option C

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74

Section 26 of the Specific Relief Act contains the provision regarding:

A) Declaratory Decrees B) Mandatory Injunction C) Rectification of instruments D) Rescission of contracts

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Answer & Solution

Answer: Option C

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75

An order allowing the prayer of injunction should ensure that

A) The plaintiff has personal interest in the subject matter B) The order should not impede or delay the progress or completion of any infrastructure project C) The plaintiff should not have acquiesced in breach of the contract D) All of the above

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Answer & Solution

Answer: Option D

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76

Which declaration can be granted by the Civil Court under Section 34 of Specific Relief Act, 1963?

A) Declaration of right to begging in a particular place in a particular time B) Declaration for member of Scheduled Castes C) Declaration, which is based on agreement by way of wager D) None of these

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Answer & Solution

Answer: Option D

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77

Mistake contemplated under Section 26 of the Specific Relief Act is:

A) Bilateral mistake B) Mutual mistake C) Mistake in framing of the instrument D) All the above

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Answer & Solution

Answer: Option D

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78

Under Section 6(2)(a) of the Specific Relief Act, no suit shall be brought after expiry of what period from the dispossession

A) 6 months B) 1 year C) 2 years D) 3 years

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Answer & Solution

Answer: Option A

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79

Where applicant neither necessary nor proper party in suit of specific performance whether his presence is necessary for effective adjudication?

A) Yes B) No C) Conditional one D) None of above

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Answer & Solution

Answer: Option B

Solution:

Specific Performance: This is when someone asks the court to force another person to fulfill a contract (usually to buy or sell property).
Necessary Party: A person who must be included in a lawsuit because the court cannot make a proper decision without them. If they are missing, the case can't move forward.
Proper Party: A person who should be included in a lawsuit because their involvement could help the court make a better decision, but the case can still proceed without them.
Applicant: The person applying to be part of the lawsuit.

The question tells us the applicant is neither necessary nor proper. This means their presence isn't crucial for a fair and complete decision. Therefore, they don't need to be part of the suit.

Therefore, the correct answer is B: No

80

A perpetual injunction is granted to the plaintiff

A) To restore possession of his property to him B) To protect him physically C) To prevent the breach of an obligation existing in his favour D) None of the above

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Answer & Solution

Answer: Option C

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Specific Relief Act MCQ question and answer | Law MCQ question