Whether specific performance of an earlier Agreement to Sell an immovable property can be granted against the person who has subsequently purchased the subject property?
A. No. Once the immovable property which is subject matter of an Agreement to Sell is sold by the seller to a third person, the earlier Agreement to Sell is frustrated
B. A proposed buyer under an Agreement to Sell can seek specific performance of a contract to sell an immovable property even if the subsequent purchaser is a purchaser for value but with notice of the prior Agreement to Sell
C. Only if the immovable property which is subject matter of an Agreement to Sell is transferred during the pendency of the suit and not before filing of the suit
D. A proposed purchaser under the Agreement to Sell can file a suit against the subsequent purchaser of the property which is subject matter of the prior Agreement to Sell, but only if payment is made by the proposed purchaser by means of cheque or a bank draft
Answer: Option B
This Question Belongs to Law >> Specific Relief Act
Which section of the Specific Relief Act provides for grant of temporary and permanent injunctions:
A. Section 35
B. Section 36
C. Section 37
D. None of the above
Which of the following statements is wrong? Perpetual injunction
A. Is granted by a decree
B. Can be granted without notice to and hearing the defendant
C. Can never be granted without notice to and hearing the defendant
D. Can be granted on merits only
Suit for specific performance is claimed when applicant is . . . . . . . . .
A. Necessary party
B. Proper party
C. Neither (A) nor (B)
D. Both (A) and (C)
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
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