Specific Relief Act Test - 2
Test on Indian Specific Relief Act 1963 covering specific performance of contracts, recovery of possession, and cancellation of instruments
Questions
Section 8 of the Specific Relief Act can be invoked
- against a person who has possession or control over a property
- against a person who is the owner of the article claimed
- by the person not entitled to the possession of an article
- in respect of an ordinary article
Under Section 6 of the Specific Relief Act, 1963, a person cannot sue for recovering the possession of immovable property
- after six months from the date of dispossession
- after nine months from the date of dispossession
- after twelve months from the date of dispossession
- after twenty-four months from the date of dispossession
A time barred debt can be claimed
- as a set off
- as a counter claim
- as a fresh suit
- None of these
Any person having the possession or control over the article of movable property, of which he is not the owner, may be compelled to deliver it to the person entitled to the immediate possession in the case where
- the possession of the thing claimed has been wrongfully transferred from the plaintiff
- the thing claimed is held by the defendant as the agent or trustee of the plaintiff
- Both (1) and (2)
- None of these
Which of the following sections deals with personal bars to the remedy of specific relief?
- Section 14
- Section 15
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Where a person is in settled possession of property, even on the assumption that he had no right to remain on the property, he cannot be dispossessed by the owner. This relief is available in the Specific Relief Act under
- Section 6
- Section 11
- Section 9
- Section 8
A relief against parties and persons claiming under them by subsequent title, for specific performance of a contract, may be enforced under
- Section 12
- Section 19
- Section 18
- Section 8
Under Section 31 of the Specific Relief Act, the essential condition(s) under which cancellation of an instrument may be ordered is/are that
- the written instrument is void or voidable against the plaintiff
- the plaintiff has reasonable apprehension of serious injury from the instrument is left outstanding
- in view of the circumstances, the court considers it as reasonable and necessary to cancel the document
- All of the above
Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue. This provision is provided in the Specific Relief Act under
- Section 21
- Section 32
- Section 42
- Section 40
Specific performance of contract is allowed where
- the plaintiff is not entitled to recover compensation
- the defendant is incompetent to perform the contract
- compensation is not the adequate relief
- the defendant has died
Which of the following sections under Specific Relief Act deals with specific performance with variation?
- Section 18
- Section 19
- Section 20
- Section 21
Specific performance of any contract may be ordered where
- there exists no standard for ascertaining actual damage by non-performance of the act to be done
- compensation is adequate relief
- performance of the contract involves performance of a continuous duty, which the court cannot supervise
- the contract is by its nature determinable
In a suit under Section 6 of the Specific Relief Act, the court can
- adjudicate on the title
- direct the defendant(s) to remove the structure
- permit the plaintiff to pull down the structure
- None of these
A person entitled to possession of specific immovable property may recover it by suit filed under the provisions of the Civil Procedure Code. This relief is provided in Specific Relief Act under
- Section 11
- Section 4
- Section 5
- Section 9
Which of the following contracts is specifically enforceable?
- 'A', an author, contracts with 'B', a publisher, to complete a literary work.
- 'A' contracts to sell and 'B' contracts to buy a residential building.
- 'A' contracts to marry 'B'.
- A contracts by a guardian to purchase immovable property on behalf of a minor.