Specific Relief Act Law 100 MCQ With Free Exam SET:-1

Q61. An injunction can be granted:

(A) When the plaintiff has no personal interest in the matter
(B) To prevent continuing breach in which the plaintiff has acquiesced
(C) To prevent the breach of a contract, the performance of which cannot be specifically enforced
(D) When necessary to prevent multiplicity of judicial proceedings

Answer: When necessary to prevent multiplicity of judicial proceedings

Q62. A perpetual injunction means:

(A) A judicial process
(B) Thing prevented is a wrongful act
(C) Preventive in nature
(D) All of the above

Answer: All of the above

Q63. Under which section of the Specific Relief Act, 1963, power to award comensation in certain cases have been given ?

(A) Section 19
(B) Section 18
(C) Section 21
(D) Section 22

Answer: Section 21

Q64. Section 13 of the Specific Relief Act confers certain rights on:

(A) Seller of immovable property
(B) Purchaser of immovable property
(C) Purchaser of movable property
(D) Seller of movable property

Answer: Purchaser of immovable property

Q65. 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: Will dismiss the suit as plaintiffs are in a position to claim consequential relief of possession

Q66. In which case did the Supreme court lay down the test which may be adopted as a working rule for determining the attributes of settled possession?

(A) Lalith Mohan v. Kishan Mohan
(B) Puran Singh case
(C) Narasimha Bhatt case
(D) None of the above

Answer: Puran Singh case

Q67. Under section 10 of Specific Relief Act, the specific performance of the contract shall be enforced

(A) If there is no concluded contract
(B) If there is a concluded contract
(C) If the compensation in money is not an adequate relief
(D) None of the above

Answer: None of the above

Q68. Remedy of rescission of contract

(A) Is the same as specific performance
(B) Is opposite of specific performance
(C) Does not affect specific performance
(D) Makes specific performance easy

Answer: Is opposite of specific performance

Q69. A court may deny specific performance of an agreement to sell an immovable property if

(A) It is of the option that the consideration is inadequate
(B) The court feels that the contract is onerous to the defendant
(C) The performance of the contract would involve hardship on the defendant which he did not foresee and non-performance would involve no such hardship on the plaintiff
(D) All of these

Answer: The performance of the contract would involve hardship on the defendant which he did not foresee and non-performance would involve no such hardship on the plaintiff

Q70. A declaration made is binding on

(A) The parties to the suit
(B) Persons claiming through the parties to the suit
(C) Where any party is a trustee, in the persons for whom such parties would be trustees
(D) All the above

Answer: All the above