Which of the following statements is correct?
A. In a suit for specific performance of a contract for transfer of immovable property, the court cannot grant partition and separate possession of the property
B. In a suit for specific performance of a contract for transfer of immovable property, the plaintiff cannot alternatively ask for the refund of earnest money or deposit made by him
C. The court while refusing to grant specific performance of the contract, cannot grant refund of earnest money paid by the plaintiff, unless it has been specifically claimed
D. All the above are correct
Answer: Option C
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
Join The Discussion