The Specific Relief Act, 1963

. t the owner of the property 439

1sn° 20. Under section 10 0 f ..
(a) wh O y not have the possession of the specific per£0 Specific Relief Act the
hO Jlla
(b) w rtY granted nnance of th ' be
e contract cannot
prope hose possession the goods may not
Multiple Choice Questions oJll w
(c) fr ve been remove
d ~~ ~ there is no concluded contract
h~er (a), (b) or (c).
~ there is a concluded contract
on (c) if the compensati·o .
n m money is not
(d) ei . tion of section 7 of the Act, the adequate relief an
appbca
The Specific Relief Act, 1963 14- fords Jllust be (d) if there exists no stand d f ..
ar or ascertauung
s00 •ginal form the actual damages.
(c) both a private individual and a (a) in onbl of identification & delivery 21. In case of
Readiness may mean capaci·ty of plaintiff to ment govern. ) capa e . specr'fic performance of part of
1. (b ·thout alteration contract the purchaser
perform contract which includes (d) neither (a) nor (b). (c) Wl
(a) performance of plaintiff
7. (d) all the above. (a) may relinquish claim to further
Burden to prove adverse possession is on tion 7 does not apply to performance of the remaining part of
(b) potential of plaintiff
(a) court 15- Sec ey & currency notes contract and has right to compensation
(c) willingness of plaintiff )
(b) defendant ( rnon (b) may not relinquish claim to further
(d) financial ability of plaintiff. a wrongful taking of the property
(c) plaintiff (b) ngful detaining of the property performance of the remaining part of
2. Specific relief can be granted for (d) none of above. (c) wro contract and has no right to compensation
(a) enforcing individual civil rights (d) wrongful disposal of the property. (c) specific performance of part of contract not
(b) enforcing penal laws 8. To maintain suit under section 6 of th A
the possession must be • n 8 of Specific Relief Act can be invoked possible
(c) both civil rights and penal laws e ct, 16. Sectio .
(a) against a person ~ho has possession or (d) none of above.
(d) neither civil rights nor penal laws. (a) actual judicial possession
(b) symbolic possession control over the article 22. Section 13 of the Specific Relief Act, 1963 has
3. Under the Specific Relief Act, a suit for (b) against a person who is the owner of the no application when the transfer has been
recovery of possession can be filed
(c) constructive possession
article claimed affected in respect of a property
(a) only in respect of movable property (d) either actual or symbolic or constructive.
(c) by a person not entitled to the possession (a) in which vendor has no title or has an
(b) only in respect of immovable property 9. An order or decree under section 6 of the Act of the article imperfect title
(c) in respect of both movable and immovable is (d) in respect of an ordinary article. (b) in which vendor has title
property (a)appealable (c) in which vendor has imperfect title
(d) neither movable nor immovable property. (b)reviewable 17. Section 8 can be invoked
(a) if compensation in money is an adequate (d) none of above.
4. Specific Relief Act, 1963 is the product of (c)neither appealable nor reviewable
relief 23. Within the meaning of section 15 of the
(a) 8th Report of Law Commission of India on (d)both appealable and reviewable.
(b) if the damages can l;>e easily ascertained Specific Relief Act, 1963, the assignee falls
Specific Relief Act of 1877 10. A suit under section 6 can be brought by
(c) if the article is held by the person as agent (a) within the meaning of representative in
(b) 9th Report of Law Commission of India on (a) trespasser or trustee of the claimant interest or principal
Specific Relief Act of 1877 (b) tenant holding over (d) if the article has been rightly transferred (b) representative of interest only
(c) 10th Report of Law Commission of India (c) servant
on Specific Relief Act of 1877 from the claimant. (c) representative of principal only
(d) manager. 18 (d) none of above.
(d) none of above. • Suit under section 8 is not competent
5.
11. In a suit under section 6 (a) against a person who is the owner of the 24. Remedy of rectification available under
A suit for possession of an immovable
(a) title of the plaintiff is relevant article claimed section 26 relates to
property, under section 6 of Specific Relief Act
can be filed within (b) title of dispossessor is relevant (b) against a person who has the possession or (a) mistake in expression of contract only
(a) 1 year of dispossession (c) the defendant is allowed to prove his title control over the article (b) the contract itself i.e. the formation of the
(b) 6 months of dispossession (d) none of the above. (c) in respect of an article for which contract
(c) 3 years of dispossession 12. A suit for possession under sectiOn
· s of compensation in money is not an adequate (c) matters which were overlooked by the
(d) 12 years of dispossession. Specific Relief Act, can be filed within relief parties .
(d) • .
6. (a) 3 years m cases where ascertainment of damages is (d) addition of terms in the agreement which
~ suit for recovery of possession of an
immovable property under section 6 (b) 6 months 19 extremely difficult. • was not considered.
0
f
Specific _Relief Act can be filed against (c) 12 years • What is tru O f S . . . 25. Mistake contemplated under section 26 is
(a) it is e pec1f1c Rebe£ Act
(a) a pnvate individual only (d) 30 years. a (b) . a procedural law (a) mutual mistake
(b) a government . b brought by 1t sup 1 (b) bilateral mistake
13. A smt under section 7 may e (c) . . P ements the Code of Civil Procedure
lt lS fo d (c) mistake in framing of the instrument
person (d) all un ed on English Law
the above. (d) all the above.

438
 ·nespecific Rel"eJ
Multiple Choice Questl'btLSJDrrua1:t:UC,i--o,;,,~v ...,<., ...... .,.,.... , , . . fLl,HLutL

l Act, 1963
440 .
• Of (b) formati on of the ins....... _ .....i.er relief under section 34 must be 441
•~u.i.nent . . .
• f" th time limit for discovery . . .
(c) ratifica tion of the instr 'f}te fuTiJ•
26. Sechon 26 1xes e
(d) all the above. Uinent 4Z- the one ~vailab le as addition al on the date (d) Presetves lhe P'<>perty in dispute in status
mistake or fraud to be (a) of the sU1t .. quo till the disp05a1 of the SUit.
. filing of the suit
(a) six months the one availab le after the
(b) three months 35. Under sectio~ 33 compensation is 49. The genera] Principles on Which the perpetual
(a) the benefit h~ve ~een received ~ayabJe~ (b) the one ~vailab le as alternat ive on the date injunctions 37 could be sra.nted are contained in
(c) 1 year . . . Y_theparty (c) f the swt (a) Section
(d) no time limit 15 fixed. (b) the contrac tis withou t cons·d (b) Section 38
1
availab le as . alternat
ive during the
·ssi·on of contract (c) in both (a) & (b) eration (d) thoe one
27 Remed y of resc1 penden cy of the swt. (c) Section 39
• (a) is the same as specific performance (d) neither (a) nor (b). (d) Section 40.
objecti on as to maintaina_bility of suit of
(b) is opposite of specific perform ance 36. Under section 32 an instnun t further rehef 50•
cancell ed in part when ent can L_ 4J. 'fhe ation withou What is true of perpetual injunction
(c) does not affect specific perform ance "' dee 1ar
(a) Jllust be taken at the earliest stage
. (a) it is a judicial process
(a) it relates to differen t rights
(d) makes specific performance easy. (b) can be taken at any step of the proceedings
(b) preventive in nature
(b) it relates to differen t obligati
28. Relief of rescission is granted in cases- ons () can be taken or e f th fir st •
time •
m appeal (c) the thing prevented is a wrongful act
(a) where the contract is void (c) the part to be cancelled severable fr •
15
c (d) all the above.
the rest O!li (d) all the above..
(b) where the contract is voidable 51. Injunction is granted
(d) all the above. A declaration rttade is bindin g on
(c) both void~ voidab~e contracts 44• ) the parties to the suit (a) to prevent torts
(d) neither v01d nor voidable contracts. 37. Under section 34 a declaration b
(a (b) to restrain breaches of contracts
' can e sought parties to the
by (b) persons claimin g throug h the (c) both (a) & (b)
29. Rescission cannot be granted suit
(a) where the plaintiff has ratified the contrac t (a) a strange r who has no interest (d) neither (a) nor (b).
(b) a person having a_ le~al ch~acter or a nght (c) where any party is ~ trustee, in the persons
(b) where there~ a valid contrac t . for whom such parties would be trustees 52. What is true of mandatory injunction
(c) where the third party have acqurred any as to propert y which 15 denied
(d) all the above. (a) compels performance of certain positive
interest under the contrac t (c) a person whose legal character or right to . acts
fu f li f f d
(d) all the above. propert y not denied 45. The grant or re sa1 o re e o ec1aration (b) is awarded where the temporary injunction
30. Cancellation of instrument can be granted (d) all the above. and injunct ion under the provisi ons of section is meaningles.s
38. Section 34 sanctio ns 34 is (c) is retrospective in nature as restores things
(a) if the instrument is void or void-able
(b) if the instrum ent is valid (a) every type of declaration (a) discreti onary to their former conditions
(c) both (a) & (b) (b) only a declara tion of a legal character or o! (b) mandat ory (d) all the above.
(d) neither (a) nor (b). a right to propert y (c) prohibi tory 53. Pe~etua l injunction can be granted under
(c) both (a) & (b) (d) none of above. section 38 of the Act
31. Section 31 in its application is
ve or prevent ive justice (d) neither (a) nor (b). 46• Injunctions cannot be granted in a suit (a) when there exists standard for ascertaining
(a) based on protecti the actual damages caused
(b) restricted to contracts only 39. Charac ter or right sought to be declared must (a) in which the specific perform ance cannot (b) when compensation would afford
(c) restricted to the parties to the contrac t be be enforce d
01 adequate remedy
(d) mandatory in nature. (a) an existing right on the date of the suit (b) for breach of negativ e contrac t to enforce (c) when it is necessary to prevent multiplicity
upto the date of decree specific perform ance
32. Cancellation under section 31 can be claimed of proceedings
(a) by party to the instrument (b) legal one (c) for declara tion where the plaintiff is in (d) when the defendant is not a trustee of
whom the (c) valid one possess ion property for the plaintiff.
(b) by any person against
(d) all the above. 47 (d) neither {a) nor (b) nor (c). •
instrum ent is void or voidable • 34 JJ!usl 54. Perpetual injunction under section 38 can be
• What is true of tempora ry 1n1unc . . .
(c) in respect of any instrum ent not necessa rily 40. Legal character or right under section () bon granted
a contract be ~) ~ontinu es until a certain specific time (a) when there exists no standard for
(d) all the above. (a) specific ascertaining the actual damages caused
(c) ~s Perman ent betwee n the parties
(b) when compensation would not afford
33. In case of cancellation under section 31 the (b) abstrac t (d) onclude s the right
relief of specific performance (c) conting ent adequate relief
48. Wh. cannot be granted ex-parte. (c) when the defendant is a trustee of the
(a) can be supplem ented {d) any of the above. tch is inc 0 . . .
(a) con . rrec~ of tempor ary m1unct ions property for the plantiff
(b) can be in the alternative
41. Proviso to section 34 relates to Cb) fin tinues until a specific time (d) all the above.
(c) out of question
(a) suits for specific performance a~y settles the mutual rights of the _ A claim for damages in suits for injunctio n
(d) all the above.
(b) suits for declara tion ~::~s. & directs a party for all time to do
55
34. Cancellation under section 31 relates to can be laid
(c) suits for injuncti ons (c) am from doing a thing (a) under section 38
(a) mistake in expression of any instrum ent (d) all the above. can be
granted ex-parte
442 Multiple Choice Questions for Judicial Service Exam The Specific Relief Act, 19
ination
63
(b) under sectio n 39 (b) the defen dant canno t plead th specif ically enforc eable at the instance of 443
(c) under sectio n 40 availa ble to the defen dant . e defences (a) the truste e (d} either (a) or (b} or (c}.
(d) under sectio n 37. dama ges f or breac h of a contram ct
as •
Uit for ) speo.u
_:t:callY enforc eable at the instance of
(b the secon d 72. For section 12(4) of the Specific Relief Act
(c) the defen dant can plead th party 1963, to apply
56. Dama ges in suits for injunc tions canno t '
be availa ble to the defen dant e defences •ficallY enforc eable either at the
grante d m· spec1
(c) instan ces of the truste e or at the instanc (a) the Parts of the contract must be diVisible
dama ges for breac h of a contra t a sua• for e of
(a) if the plaint iff has not claime d damag es the permi ssion of the court (b} !he part that can be specifically enforced is
c ' only With a secon d party
(b) if the suit of the plaint iff is dismis sed (d) either (b) or (c). ecific ally mdependent and separate from the other
enforc eable. part
(c) both (a) & (b) (d) no t Sp.
62. Speci fic perfor mance of a contra •fie perfo rmanc e of a part of the contract (c) both (a} and (b)
(d) neithe r (a) nor (b). t SpeCl (d) neither (a) nor (b).
grante d in respe ct of c can be 67- been dealt with under '
57. In cases of specif ic performance of a contra (a) immo vable prope rty h~S sectio n 12 of the Specif ic Relief
ct, Act, 1963 73. Contracts not specifically enforceable have
the rights of the parties are gover ned by (a) sectio n 10 of the Specif ic Relief Act, 1963 been enumerated in
the (b) chatte ls
princi ples of
(c) immo vable prope rty as well as chattels ic) sectio n 11 of the Sp~~ c R~lief Act, 1963 (a} section 14 of the Specific Relief Act, 1963
(a) equity
(d) only (a) and not (b). (d) sectio n 9 of the Specif ic Relief Act, 1963. (b) section 13 of the Specific Relief Act, 196.3
(b) law {c) section 12 of the Specific Relief Act. 1963
(c) equity and law 63. Rise in value since agreem ent is Under sectio n 12 of the Speci fic Relief Act,
6S- l963, the gener al rule is that (d) section 11 of the Specific_Relief Act, 1963.
(d) only equity and not law. (a) a groun d to refuse specific performance in
(a) the specif ic perfo rmanc e of a part of 74. Preventive relief is granted by the court, under
58. Specif ic performance of a contract mean s case of an agreem ent to sell immovable the
contra ct can be grant ed section 36 of the Specific Relief Act, 1963
prope rty
(a) actual execu tion of the contra ct accord (b) the specif ic perfo rmanc e of a part of (a) by declarations
ing (b) a groun d to refuse specific performance in the
to its stipul ation and terms contra ct shall not be grante d (b) by specific performance
case of an agreem ent to sell movable
(b) claim of damag es or compe nsatio n for (c) the specif ic perfo rmanc e of a part of (c) by injunctions
the prope rty the
non-e xecuti on of the contra ct contra ct may not be grante d (d) either (a) or (b) or (c).
(c) a groun d to refuse specific performance in
(c) either (a) or (b) case of an agreem ent to sell immovable and (d) a contra ct can be perfo rmed in piecemeal. 75. Secti ~~ 3~ of the Specific Relief
classifies injunction into A
(d) neithe r (a) nor (b). movab le prope rty both 69. Section 12 of the Speci fic Relief ct, 1963,
Act, 1963, (a) two
59. Jurisdiction of the court to enforc e specif (d) not a groun d to refuse specific performance permits the grant of specif ic performance of
ic a (b} three
performance of a contract is in case of an agreem ent to sell either part of a contra ct
(a) absolu te immo vable or movab le property. (a) where the part left unper forme d bears only (c) four
(b) discre tionar y 64. Sectio n 11 of the Specif ic Relief a small portio n of the whole in value and (d) five.
Act, 1930 admit s of comp ensati on in money
(c) genera l & not excep tional provi des for 76. Secti~n 37 of the Specific Relief Act, 1963,
(a) specif ic perfor mance of a part of the (b) where the part left unper forme d provides that a perpetual injunction can be
(d) extens ive. is a
contra ct substa ntial portio n of the whole in value granted
60. Sectio n 9 of the Specif ic Relief Act, 1963 and admit s of comp ensati on in money (a) during the pendency of a suit
provid es for (b) defenc es respec ting suits for relief based on
{c) where the part left unper forme d is a small (b) by the decree
(a) the groun ds on which specific perfor mance contra ct ed
(c) specif ic perfor mance of contracts connect portio n of the whole in subjec t matter and (c) both (a) and (b)
of contra ct can be grante d does not admit a compe nsatio n in money (d) either (a) or (b).
(b) the defenc es which a person agains t whom with trusts . (d) both (a) and (b).
. hich 77. An injunction granted during the pendency of
the relief of specific perfor mance is claime d (d) circum stance s m w specific 70. U d .
. nforcea ~ er sectio a suit, under section 37 of the Specific Relief
may plead perfor mance of a contra ct 1s e ble. n 12(2) of the Specif ic Relief Act,
19 Act, 1963 is known as a
' Part perfo rmanc e of a contra ct can be
(c) the defenc es which a person agains t whom 65. Sectio n 11 of the Specif ic ReI • f Act 1930 en£orced by (a) perpetual injunction
ie '
the relief of specific perfor mance is claime d applie s where (a) the promi sor (b) mandatory injunction
canno t plead of the
(a) the relief claim ed partak es the nature (b) the promi see (c) temporary injunction
(d) the groun ds on which specific perfor mance specif ic perfor mance {c) eithe th
. . in the (d) r e prorm.sor or the proxru.see (d) either (a) or (c).
of a contra ct canno t be grante d. (b) the enforc ement of an obligation is , 78. Under section 37 of the Specific Relief Act,
61. Sectio n 9 of the Specif ic Relief Act, 1930, lays nature of trust 1• Secijonly promi sor and not the promi see. 1963, a temporary injunction can be granted
down that in a suit for specif ic performance app}i:~ 12 (3) of the Speci fic Relief Act, 19_63,
of (c) both (a) and (b) (a) on or before the settlement of issues
a contract Un Where the part which remains (b) before the conclusion of plaintiff's evidence
(d) either (a) or (b). Perfor m d
(a) the defen dant can plead all the defenc s of his (a) e , of the contra ct is (c) before the conclusion of defendant's
es 66. A contract made by a trustee in exces tioll 11 small
availa ble to the defen dant in a suit for power s or in breac h of trust, under sec {b) co . evidence
damag es for breach of a contra ct (c) . ns1de rable
of the Speci fic Relief Act, 1963 is (d) at any stage of the suit.
Incon sidera ble
444 Multiple Choice Questions for Judicial Service Examination The Specific Relief Act,
1963
79. Grant of temporary injunctions by virtue ~f 86. In a suit for injunction, under . e of above.
section 37 of the Specific Relief Act, 1963, 1s Specific Relief Act, 1963, dama~::tion 40 of th (d) pofl sion of title is suborn;__ t 415
osses . .
regulated by (a) can be awarded only if th . e rJete P h to maintam an action under secti • ""ta e to that from Which . . .
claimed the same in the plain~ Pl¾ltiff has 00
(a) ert thge specific Relief Act, 1963 on lS sought lllJUnction
(a) the Code of Civil Procedure, 1908 9'J,. (b) to restrain an
(b) can be awarded where the Plain. 5 of • t • I
(b) the Indian Contract Act, 1872 ough to mam run an action unct • body
• lative
egis Yperson from applying to any
(c) the Transfer of Property Act, 1882 claimed the same in the plaint tiff has 11.ot lh) pot. en 5 of the Specific Relief Act, 196S er (c) to restr,.,- .
iv section
(c) can be awarded irrespective f _ 1 (b) is correct
Pr~.tin ""'' any person from tnstituting or
(d) all the above. -~u g any pr0ceeding in a crirninat
plaintiff has claimed the samo Whether 11.. 01uY matter
80. The circumstances under which a perpetual e or not "ie (c) e of above.
(d) either (b) or (c). d) pon (d) AU the above.
injunction can be granted have been ( .. c erfonnance of any contract may, in 98.
87. Dismissal of the suit of the plai tif th
enumerated under • 5peof1. p of the court, be enforced For • P•rpos, of Specific Relier Act of 1"'1
injunction by virtue of section £ seeking ,.,.1 .5aeuon . the Word 'settlement' means
(a) section 36 of the Specific Relief Act, 1963 d1 When there eXJsts no standard for
Specific Relief Act, 1963 n 40 of the
(b) section 37 of the Specific Relief Act, 1963 (a) ascertaining actual damage caused by the (a) •n instrument when,t,y lhe deslinalion or
(a) does not bar the plaintiff to
(c) section 38 of the Specific Relief Act, 1963 non-performance of the act agreed to be devolution of successive interests in
damages for the breach for ~ue for movable property is disposed of
(d) section 39 of the Specific Relief Act, 1963. injunction was sought w ch the done
to be done is such (b) an instrument including Codicil or will
81. The principle of quia timet means (b) the plaintiff can sue for damag f (b) When the Act agreed
. •
. es or th that compensation m money for its non- whereby the destination or devolution of
(a) some future probable injury to the rights or breachfor which the injunction w e successive interests in immovable property
nl .th th . . as SOUght performance would not afford inadequate
interests of a person o y w1 e permission of the court is dispOSed of or is agreed to be disposed of
-(b) some past injury to the rights or interests of (c) bars the plaintiff to sue for damages f relief
. . or the (c) an instrument including the codicil or will
a person b reach f or w hich the IDJunction (c) both (a) and (b)
was sought whereby the devolution of successh:e
(c) some past injury to the rights or interests of (d) either (b) or (c). (d) None of above. interests movable or irnmo\·able property IS
a person requires 88. Section 41 of the Specific Relief Act 1 _ A contract made by a trustee in excess of his disposed of ..
963 94
(d) some small injury capable of being mentions the cases in which ' powers or in breach of trust (d) an instrument other than a \loill or ~odicil
estimated in money. (a) perpetual injunction can be granted (a) cannot be specifically enforced whereby the destination or devolution of
• m
successive ...., movable or immo\·able
• ter=ts be
82. Grant of a mandatory injunction is regulated (b) perpetual injunction cannot be grant~ (b) can be specifically enforced
property lS
• disposed of or is agreed 10
by (c) both (a) and (b) (c) does not come under specification disposed of.
(a) section 38 of the Specific Relief Act, 1963 (d) neither (a) nor (b). (d) None of above.
99. Obligation under Specific Relief Act
(b) section 39 of the Specific Relief Act, 1963 89. Injunction cannot be granted 95. A contract to sell or let any immovable (a) is a right in rem
(c) section 40 of the Specific Relief Act, 1963 (a) in contract which can be specifically property cannot be specifically enforced in (b) is a right in personam
(d) section 41 of the Specific Relief Act, 1963. enforced favour of a vendor or lesser:
(c) both (a) & (b)
(b) in contract which cannot be specifically (a) who, knowingly not to have any title to the (d) neither (a) nor (b).
83. A mandatory injunction is
enforced property, has contracted to sell or let the
(a) retrospective in operation property 100. Under the Specific Relief Act, the plaintiff
(c) irrespective of whether the contract is
(b) prospective in operation (a) does not have subS1Sting nght to claim anv
specifically enforceable or not (b) who, though he entered the contract
(c) concurrent in operation believing that he had a good title to the subsequent transaction relating to property
(d) either (b) or (c).
(d) both (b) and (c). property, cannot at the time fixed by the (b) posses.ses subsisting right to claim any
90. The Relief by way of mandatory injunction is subsequent transaction relating to property
84. A mandatory injunction in its nature is Parties or by the court for the completion of
(a) prohibitory the sale or letting, give the purchaser or (c) posses.ses only pre-existing right to claim
(a) restitutory any subsequent transaction relating to
(b) mandatory lessee a title free from reasonable doubts
(b) prohibitory (c) (a) is correct
(c) discretionary property
- (c) both restitutory and prohibitory (d) does not possess any right.
(d) none of above. (d) bofu (a) and (b) are correct.
(d) only (a) and not (b). • 'd t d damagesh or
91. The provision of 11qu1 a e Preventive 1· f . . £ 101. For violation of decree of perpetual
85. In a suit for injunction, under section 40 of the . h e event of breac ption th e court re 1e 1s granted at the discretion o
P enalty in a contract mt injunction, remedy
Specific Relief Act, 1963, damages the presu.!ll (a) by .. (a) is to proceed under Order 21, Rule 32 of
(a) is not sufficient to reb ute ifi Relief Act, (b) b ?1~llnction temporary or permanent
(a) cannot be awarded under section 10 of the Spec c CPC
(c) by ?1~llnction, temporary
(b) can be awarded in addition to the
· injunction
1963 tion Ullder
(b) is sufficient to rebut~. pre:::~ct, 1963
(d) J lnJtJnction permanent only
one of above.
(b) is to proc~ by way of application for
police protection .
(c) can be awarded in lieu of the injunction section 10 of the Specific R b·ect Ullder An injuncti (c) is to proceed through hostile possession
(d) can be awarded either in addition to or in (c) liquidated damage is • n ot a su J (a) t0 on cannot be granted (d) is not a\'ailable under CPC.
restr •
substitution for the injunction. the Specific Relief Act, 1963 am any person from instituting or
Prosecutin t
• g any proceeding in a court no
446
Multiple Choice Questions for Judicial Service Examination
~
f the above.
-
The Specific Relief Act, 1963
,[?-
/
~
- ',
--- ....:
\ ~
., --

102. Whether specific performance of the contract (a) Duty I.Jone O

(d) .. suing for the specific performan
447
can be sought when vendor is entitled to s~ll (b) Right ersO•• (c) Prohibitory lnJunction
his specified and determined share m ~ f,J\Y P tract for the transfer of immovabl ce
(c) Both (a) and (b) 11~· (d) Specific Performance Decree
property (d) Neither (a) nor (b). of a con •
...,, JJ\ay, in an approp nate case, ask for: e 120
ope••, 8
Pt posse551•on' or parti'ti"on and separ t ~ection of Specific Relief Act, 1963 can be
• invoked
(a) no .
(b) yes
109. Under which section of the Spe .. (a) ossession, of the property, m additionatoe
1963, power to award com ensc~c Relief A. (a) If compensation in money is an adequate
(c) conditional cases have been given? ;uch performance. relief
p anon in ce~ '-,nd of any earnest money or deposit
(d) none of the above. (a) Section 19 (b) Re1w•-d or JJ\ade to him, m . .
case his claim for
(b) If the damages can be easily ascertained
103. Is it necessary for plaintiffs in suit for (b) Section 18 (c) If the article is held by the person as agent
;;~c performance is refused.
perpetual and mandatory injunction, their (c) Section 21 or trustee of the claimant
plea of ownership over land to be pr~ved by ) Both (a) and (b). (d) All of above
(d) Section 22. (c None of the above.
production of oral and documentary evidence
110. Under which circumstance ~) der section 6 of the Specific Relief Act:
121. In which one of the following cases, the Court
(a) no .
cannot be granted under ses tian 1nJunction
•
115- n A tenant can file a suit for possession even can grant an injunction as per the provisions
(b) yes Specific Relief Act, 1963 to c on 41 of the of Section 41 Specific Relief Act, 1963?
(a) gainSt the landlor d on the ground that he
(c) conditional (a) To restrain any person from prosecuting a
(a) Restrain any person from . :as unlawfully dispossessed by the judicial proceeding
(d) none of the above. judicial proceedings prosecuting a Jandlord.
104. In a suit for specific performance ..................... (b) To restrain any person from instituting a
(b) Restrain any person from a (b) No question of title either ?f the plaintiff or
is necessary party to proceedings legislative proceedings 1. criminal matter
PP ymg to any of the defendant can be raised or gone into
(a) vendors (c) Both (a) and (b) (c) To restrain any person from applying to
that case. any legislative body
(b) subsequent purchaser (d) Only (a) and not (b). .
(c) Both (a) and (b) are correct. (d) To restrain any person from dis,possess,on
(c) mortgagee bank 111. Proviso to section 34 of the Specific R • f (d) Both (a) and (b) are incorrect. by force
(d) none of the above. "d 1 Act
e1e
provi es 1t6. A mandatory injunction in the nature is: 122. Who may obtain specific performance of
105. Grant of decree of declaration is the discretion (a)Suit for Specific Performance (a) Restitutory. contract under Section 15 of the Specific Rel" f
of court. But it (b)Suit for possession (I}) Prohibitory. Act, 1963, in his favour? ie
(a) can be declined in certain circumstances (c)Suit for Injunction {c) Both restitutory and prohibitory. (a) Any party of the contract
(b) cannot be declined (d)Suit for Declaration. (d) Neither restitutory nor prohibitory. (b) The representative in interest or the
(c) can be declined in all cases 112. Which of the following contracts cannot be 117. Injunction cannot be granted:
principal of any party
(d) cannot be declined in all cases. specific ally enforced: (c) When a company has entered into a
(a) In contract which can be specifically
(a) A contracts to sell to B a certain number of contract subsequently becomes
106. Under the Specific Relief Act, the declaratory enforced. amalgamated with another company, the
decree can railway shares of a particular description. (b) In contract which cannot be specifically
A refuse to complete the sale. company which anses out of amalgamation
(a) be declined enforced.
(b) A holds certain stocks in trust of B. A (d) All of the above
(b) not be declined (c) Irrespective of whether the contract is
wrongfully disposes of the stock. specifically enforceable or not. U3. A person is dispossessed of his immovable
(c) be commuted (c) A is a trustee of land with power to le~it property without due course of law. In what
(d) (d) Either (b) or (c).
be withheld. for 7 years. He enters into a contract with B period can he bring a suit for recovery of
118• No suit for recovery possession under Section 6 of the Specific
107. In which case the question of "jurisdiction of to grant a lease of the land for 7 years \~th of possession shall be
civil court is not excluded in respect of a covenant to renew the lease at the expuy brought under Section 6 of Specific Relief Act, Relief Act, 1963?
1963 against
adoption. The question regarding adoption of the term. (a) Three months
involves declaration as to status/character of {a) The Government (b) Six months
(d) All of the above.
person can be decided only by civil court" was . (b) A Public Company
. . (c) Nine months
held? 113. A 1s B's medical adviso~. He demandsAmoney then (c) A Private Company
from B which B declines to pay. f B's {d) One year
(a) Ramchandra Dagdu Sonavane v Vithu, AIR ' 0
(d) All of above
threatens to make known th effect 119• When t
124. An injunction granted during the pe~?ency _of
2010 SC 818. e a suit, under Section 37 of the Specific Relief
communication to him as patient. . . tion to • • n, 1·t 1•s
0 prevent breach of an obligatio
(b) Sushi/ Kumar v State, AIR 2010 SC 832. (a) B may obtain a prohibitory !Jl)unc necessary to compel the performance of Act, 1963 is known as
(c) Parminder Kaur v State, AIR 2010 SC 840. certain acts which the court is capable of (a) Mandatory injunction
restrain A from so doing. . 'UJlcti~ enfo~c~ng,
•
(d) Alagarsamy v State, AIR 2010 SC 849. (b) B may obtain a mandatoryalltllJ writteJl
S court may under Section 39 of (b) Temparary injunction
pecific Relief Act 1963 grant
108. "Obligation" as defined under section 2(a) of ordering A to deSttoy atientof il- (a) M ' (c) Permanent injunction
communications made by 8 asp (b andatory Injunction (d) Perpetual injunction
the Specific relief Act 1963 includes
) Perpetual Injunction
every_ _ is enforceable by law (c) Both (a) and (b).
448 Multiple Choice Questions for Judicial Service Examination
The Specific Relief Act, 1963
125. A pledged certain jewel with B. ?n a (a) To restrain any person fr
• seize• d the 1ewels any legislative body 9 JllOflth,s
complaint by C, the po1ice om applYing (b) 12 JllOflth,s 449
and deposited them in the Court. Can they (b) When equally efficacio {b) Declaration
to (c) 24 Jllonths
recover the jewels by filing a suit under certainly be obtained by us relief (c) Rectification of lnstrum
(d) f the following reliefs can be gr (d) Perpetual tn· . ent
Section 7 of the Specific Relief Act? mode of proceedings ex:y ~ther Us:¾ ..
Otte othe specI'f'IC Re1·1ef Act, 1963: anted 1 Junction
(a) Yes breach of trust pt 11\ case ~ 13,. IJJldet 42. Specific Relief Act: S ..
0 Recovery of Money.
(b) No (c) If it would impede or delay th contract cannot be- P;cific P~rfonnance of a
completion of any infrastru tue Progress (a) E' ctIIlent of tenant. person wh h en orced m favour of a
(c) Depends • f (b) Redemption
Je -
mter ere w1'th the continued c re pr0. 0r of mortgag~. performance :f co astra obtained .substituted
(d) None of the above r _)ect or ()
relevant facility related the t P 0 V1s1on of (c) p rpetual Injunction n ct under section 20
a Statement IS incorrect
126. Which of the following is a leading case on • th b' (d) e
bemg re o or se .
e su Ject matter of such . n,ces WJtlch one of the following is incorr (b) Statement is correct
specific performance of a contract involving (d) All the above Pr0Ject 136- bination as per the Specific Relief Aectt (c) Can be perfonned according to A:._ ti
personal skills coJJl c, ~murt ~~
(a) Lumely v Wagner 132. Under the provisions of The s .. 1963? R • • f (d) None of these
J\ct, 1963, when a pa.rt of a copetrcific Relief (a) 5eetion 27 - esass10_n o contracts.
(b) Willmot v Barber • n act Wh'
(c) Rigby v Cannol taken b y Itself, can and ou h tch, (b) Section 30 - cancella~on of Instruments. 143. ,A' While going abroad, leaves his furniture
specifically performed, stands ong at s to be (c) 5eetion 34 - Declaration of status or right und~r the care of his friend 'B'. 'B' pledges the
(d) None of the above and independent footing from anoth eparate
1
(d) Section 39 - Mandatory Injunction. fum. ture to 'C'. In a suit filed by 'A' under
127. A leaves an elephant in B's Charge, C the same contract which cannot or e~ Part of Section 8 of Specific Relief Act, 1963-
O . "Obligation" as defined under Section 2(a) of
wrongfully takes away the elephant from B. be specifically performed, then:- ug t not to 137 the (a) 'C' may be compelled specifically to deliver
Specific Relief Act, 1963 includes every the furniture to 'A'
can B sue C for possession of elephant
(a) Yes
(b) No
(c) Depends
(a) The court may not direct the specifi
performance of the former part.
(b) It will be the discretion of the court t
direct or not to direct the specifi~
c - enforceable by law.
(a) duty
(b) right
(b) 'C' may not be compelled
(c) 'C' may be compelled only by 'B'
(d) Neither 'A' or 'B' can claim relief against 'C'
(c) obligation
(d) None of the above performance of the former part. 144. Which of the following infrastructure project
(d) legal right
(c) The court may direct the specific is not mentioned in schedule to the specific
128. In which of the following cases, can relief act
performance of the former part. 138. Which Section of the Specific Relief Act, 1963
declaration be refused says that specific performance of a contract
(d) None of the above option. (a) five star hotel located outside the city with
(a) In cases of vexatious litigations cannot be enforced in ~avour of a person who population of more than 1 million
(b) In case of evasion of court fee 133. Under The Specific Relief Act, 1963, any
failed to prove his readiness and willingness (b) three star hotel located outside_ ~e city
(c) In case of multiplicity of suits person having the possession or control of a
to perform his part of contract? with population of more than 1 ~on .
particular article of movable property, of
(d) All of the above (a) Section 13. (c) five star hotel located wi~ ~e aty with
which he is not the owner, may not be
129. The principle enshrined in the Specific Relief (b) Section 14. population of more than 1million
compelled specifically to deliver it to the )
(c) Section 15. (d) Ropeways
Act qua injunctions are not applicable to person entitled to its immediate possession, in
temporary injunctions under Order XXXIX of which of the following cases? (d) Section 16. 145. SpeCI'fiC Rel1'ef Act:-. Which of the following
the CPC. The said statement is: (a) When the thing claimed is not held by the 139. Recovery of specific immovable property may statement is false : ed t
(a) Correct defendant as the agent or trustee of the be made under Section 5 of the Specific Relief (a) An injunction can not be grant tho
(b) Not Correct plaintiff. Act according to the Prevent the breach of a contract be
(c) Misleading (b) When compensation in money would not (a) Law of Code of Civil Procedure performance of which would not e
(d) Merely a belief afford the plaintiff adequate relief for the (b) Law of Contract Act specifically ~nforced be granted to
loss of the thing claimed. . . ult to (c) Law of Transfer of Property Act. (b) An injunction c~ o~:uisance, an act of
130. Section 20 of The Specific Relief Act, 1963
(c) When it would be extremely diffic . (d) Law of Sale of Goods Act prevent, on groun bl clear that it will
provides for: which it is not reasona y
ascertain the actual damage caused by 115 140
(a) Discretion of the court as to decreeing •!he relief by the way of mandatory injunction
loss. . claiJlled IS be a nuisan~e ot be granted to
specific performance. • • ctton can n
(d) When the possession of the thingfr rn the (a) discretionary (c) An miun tinuing breach in whi'ch the
(b) Substituted performance of contract has been wrongfully transferred 0 revent a con
(c) Power of the court to engage experts (b) prohibitory ~Jaintiff has acquiesced
(d) Expeditious disposal of suits plaintiff. f The (c) mandatory (d) None of these
(d) s the Supreme
134. Any suit filed under the prov••s1•~.nsposed
o .
131. Which of the following situation(s) has/ have of None of the above
hich of the fO11Owing case
rformance
.
Specific Relief Act, 1963 shall be is ·od of 141, Spe ·t·1 d 146. In w Id that the specific pe • • 1s no
been inserted by the Specific Relief by the court within a pe~ice of Ct c Relief Act:- When due to frau Court he . retionary relief?
(Amendment) Act, 2018 in Section 41 of The Played b ' · 'tin longer a disc
................from the date of se d Y the parties a contract m wn g . Singh (2021)
Specific Relief Act, 1963 (when an injunction oes ' . • th (a) Sughar Singh v ~a;'tate (NCT of Delhi) (2020)
summons to the defendant. aPPro not • express its real mtenbon, en
cannot be granted): ( ) Pnate remedy would be a suit for- (b) S11sltila Agarwa ; Ajit/1 (2021)
(a) 6 months a Spe 'f• (c) State of Kera/a v •
ci 1c performance of contract
450 Multiple Choice Questions for Judicial Service Examination
The Specific Relief Act, 1963
(d) Arjtm Panditrao Khotkar v Kai/ash Kushanrao (d) Specific Relief Act, 1877. IJ1 a suit for specific performance of -151
(c)
Gorantiyal (2021) 153. Remedy of recission of contract ,ontract the . plaintiff may also cl . a
. aun (d) neither (a) nor (b).
147. Section 13 of the Specific Relief Act, 1963 (a) is the same as specific perform mpensation for its breach, either .
co . b . . m
deals with cases rights of purchaser or lessee (b) • oppos1•te o f specifi'c perform ance
1s addition to, or m su stitution of, such 161. Cancellation under Section 31 of the Specific
Relief Act, 1963 relates to
against a person with no _ _ _ or (c) does not affect specific perfo,_ance erformance.
. •u,ance htere is a bar to a decree for specifi (a) mistake in expression of any instrument
_ _ _title. (d) makes specific performance easy (b) formation of the instrument
(a) valid, invalid (d) erformance if there is a clause in th~
154. Under Section 34 of the Specific Re . (c) ratification of the instrument
(b) title, imperfect ~ontract that in the event of its breach or (d) Both (b) & (c)
1963 a declaration can be sought by ltef Act, non-performance ~ sum of money specified
(c) title, invalid
(a) a stranger who has no interest therein is to be paid. 162. In case of cancellation under Section 31 of the
(d) title, valid.
(b) a person having a legal charact Specific Relief Act, 1963 relief of specific
148. Mark the incorrect statement(s): as to property which is denied er or a nCru
·01., ,,, •Obligation' under the Specific Relief Act,
tou• •
performance
(a) The words used but not defined in the Act (c) a person whose legal character or ri 1963 IS (a) can be supplemented
• have the same meanings as assigned in the property not denied ght to (a) a right ~n rem (b) can be in the alternative
Indian Contract Act, 1872. (d) all the above. (b) a right zn personam (c) out of question
(b) Specific Relief is to be granted only for {c) both (a) and (b) (d) all the above.
155. Section 13 of the Specific Relief Act
enforcing individual civil rights.
applies when the transfer has been affe~te~~
(c) An order or decree under Section 6 is respect of a property Ut
appealable.
(a) in which vendor has no title or has
(d) All of the above. imperfect title an
149. The period for disposal of suit filed under the (b) in which vendor has title
provisions of the Specific Relief Act, 1963 as (c) in which vendor has imperfect title
laid down in Section 20 C is (d) none of the above.
(a) notwithstanding anything contained in the 156. Section 13 of the Specific Relief Act, 1963
Code of Civil Procedure, 1908. deals with cases rights of ____ or
(b) subject to the provisions of the Code of against a person with no title or imperfect
Civil Procedure, 1908. title.
(c) subject to the provisions of the Limitation (a) purchaser, lessee
Act, 1963. (b) purchaser, lessor
(d) notwithstanding anything contained in the (c) seller, lessee
Limitation Act, 1963. (d) seller, lessor.
150. "Obligation" as defined in Section 2(a) of the 157. Cancellation of instrument can be granted
Specific Relief Act, 1963 includes every
(a) if the instrument is void
_ _ _ _ enforceable by law.
(b) if the instrument is valid
(a) right
(c) if the instrument is void or voidable .
(b) legal right (d) if the instrument is valid, voidable or vmd
(c) duty
(d) legal duty. 158. An instrument under Section 32 of ~e
Specific Relief Act, 1963 can be cancelled tn
151. _ _ of the Specific Relief Act, 1963 deals parts when
with cases rights of purchaser or lessee against
(a) it relates to different rights
person with no title or imperfect title.
(b) it relates to different obli~ations different
(a) Section 12 (c) it relates to different nghts or
(b) Section 13
(c) Section 12A obligations . bli ation5
(d) it relates to different nghts and O g
(d) Section 14A
159. Which of the following is incorrect: of a
152. The words and expressions used in the
(a) A person seeking specific Performance
urt withill
Specific Relief Act, 1963, but not defined, have
contract must approach tbe ~o t of the
meaning as defined in the . even if time 1s no
reasonable time
(a) Civil Procedure Code, 1908
essence of the contract. . s) caJ\ be
(b) Transfer of Property Act, 1882 (b) Family arrangements (comprom!Se
(c) Indian Contract Act, 1872 specifically enforced.
 ANSWE RS*
The Specifi c Relief Act, 1963
1. (d) 28. (c) 55. (c) 82. (b) 109. (c)
136. (a)
2. (a) 29. (d) 56. (c) 83. (d) 110. (c)
137. (a)
3. (c) 30. (a) 57. (c) 84. (c) 111. (d) 138. (d)
4. (b) 31. (a) 58. (a) 85. (d) 112. (d) 139. (b)
5. (b) 32. (d) 59. (b) 86. (a) 113. (a) 140. (a)
6. (a) 33. (c) 60. (b) 87. (c) 114. (c) 141. (c)
7. (c) 34. (b) 61. (a) 88. (b) 115. (a) 142. (b)
8. (a) 35. (a) 62. (d) 89. (b) 116. (c) 143. (a)
9. (c) 36. (d) 63. (c) 90. (c) 117. (b) 144. (c)
10. (b) 37. (b) 64. (c) 91. (a) 118. (a) 145. (d)
11. (d) 38. (b) 65. (c) 92. (a) 119. (a) 146. (a)
12. (c) 39. (d) 66. (d) 93. (c) 120. (c) 147. (b)
13. (d) 40. (a) 67. (a) 94. (a) 121. (d) 148. (c)
14. (d) 41. (b) 68. (b) 95. (d) 122. (d) 149. (a)
15. (a) 42. (a) 69. (a) 96. (a) 123. (b) 150. (c)
16. (a) 43. (a) 70. (c) -97. (d) 124. (b) 151. (b)
17. (c) 44. (d) 71. (b) 98. (d) 125. (b) 152. (c)
18. (a) 45. (a) 72. (b) 99. (b) 126. (a) 153. (b)
19. (d) 46. (a) 73. (a) 100. (a) 127. (a) 154. (b)
20. (a) 47. (a) 74. (c) 101. (a) . 128. (d) 155. (a)
21. (a) 48. (b) 75. (a) 102. (b) 129. (a) 156. (a)
22. (a) 49. (b) 76. (b) 103. (b) ·157. (a)
130. (b)
23. (a) SO. (d) 77. (c) 104. (c) 158. (a)
131. (c)
24. (a) 51. (c) 78. (d) 105. (a) 159. (d)
132. (c)
25. (d) 52. (d) 79. (a) 106. (a) 160. (b)
133. (d)
26. (d) 53. (c) 80. (c) 161. (b)
107. (a) 134. (c)
27. (b) 54. (d) 81. (a) 162. (c)
108. (a) 135. (c)

03~

or
·rcatiofl5
the basic documents, judgments, gazette noh 1
* The answers are suggestive. Kindly verify from
recommend ed text books in case of doubts.
452