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Specific Relief Act and Limitation Act Test - 2

Description: Specific Relief Act and Limitation Act Test 2
Number of Questions: 15
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Tags: Specific Relief Act and Limitation Act Test 2 Specific Relief and Limitation law
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Section 8 of the Specific Relief Act can be invoked

  1. against a person who has possession or control over a property

  2. against a person who is the owner of the article claimed

  3. by the person not entitled to the possession of an article

  4. in respect of an ordinary article


Correct Option: A
Explanation:

Option (1) is correct: The starting words of Section 8 state ”Any person having the possession or control of a particular article of movable property of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession.” Option (2) is correct: Section 8 cannot be invoked against the person who is the owner of the article. Option (3) is correct: Section 8 cannot be invoked by the person not entitled to the possession of the article. Option (4) is correct: Section 8 can be invoked in respect of any article.

Under Section 6 of the Specific Relief Act, 1963, a person cannot sue for recovering the possession of immovable property

  1. after six months from the date of dispossession

  2. after nine months from the date of dispossession

  3. after twelve months from the date of dispossession

  4. after twenty-four months from the date of dispossession


Correct Option: A
Explanation:

Option (1) is correct: Under Section 6(2) (a) 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. Option (2) is incorrect: No such provision Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

A time barred debt can be claimed

  1. as a set off

  2. as a counter claim

  3. as a fresh suit

  4. None of these


Correct Option: D
Explanation:

Option (1) is incorrect: A time barred debt cannot be claimed as a set off. Option (2) is incorrect: A time barred debt cannot be claimed as a counter claim. Option (3) is incorrect: A time barred debt cannot be claimed as a fresh suit. Option (4) is correct: A time barred debt can never claimed as a set off, a counter claim and a fresh suit.

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

  1. the possession of the thing claimed has been wrongfully transferred from the plaintiff

  2. the thing claimed is held by the defendant as the agent or trustee of the plaintiff

  3. Both (1) and (2)

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: When the possession has been wrongfully transferred from the plaintiff and also when the thing claimed is held by the defendant as the agent or trustee of the plaintiff. Option (2) is incorrect: When the possession has been wrongfully transferred from the plaintiff and also when the thing claimed is held by the defendant as the agent or trustee of the plaintiff. Option (3) is correct: U/s 8 of Specific Relief Act, any person having the possession 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 both the above cases. Option (4) is incorrect: Option (3) is correct.  

Which of the following sections deals with personal bars to the remedy of specific relief?

  1. Section 14

  2. Section 15

  3. Section 16

  4. Section 17


Correct Option: C
Explanation:

Option (1) is incorrect: Section 14 of the act deals with contracts not specifically enforceable. Option (2) is incorrect: Section 15 of the act deals with who may obtain specific performance. Option (3) is correct: Section 16 of the act deals with personal bars to relief. Option (4) is incorrect: Section 17 states that contract to sell or let property by one who has no title, is not specifically enforceable.

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

  1. Section 6

  2. Section 11

  3. Section 9

  4. Section 8


Correct Option: C
Explanation:

Option (1) is incorrect: Section 6 of the Specific Relief Act deals with suit by persons dispossessed of immovable property. Option (2) is incorrect: Section 11 of the Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable. Option (3) is correct: This relief is available in the Specific Relief Act under Section 9. Option (4) is incorrect: Section 8 of the Specific Relief Act deals with liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.

A relief against parties and persons claiming under them by subsequent title, for specific performance of a contract, may be enforced under

  1. Section 12

  2. Section 19

  3. Section 18

  4. Section 8


Correct Option: B
Explanation:

Option (1) is incorrect: Section 12 of the Specific Relief Act deals with specific performance of a part of contract. Option (2) is correct: Section 19 of the Specific Relief Act talks about relief against parties and persons claiming under them by subsequent title. Option (3) is incorrect: Section 18 of the Specific Relief Act deals with non-enforcement, except with variation. Option (4) is incorrect: Section 8 of the Specific Relief Act deals with liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.

Under Section 31 of the Specific Relief Act, the essential condition(s) under which cancellation of an instrument may be ordered is/are that

  1. the written instrument is void or voidable against the plaintiff

  2. the plaintiff has reasonable apprehension of serious injury from the instrument is left outstanding

  3. in view of the circumstances, the court considers it as reasonable and necessary to cancel the document

  4. All of the above


Correct Option: D
Explanation:

Option (1) is incorrect: It is one of the essential conditions. Option (2) is incorrect: It is one of the essential conditions. Option (3) is incorrect: It is one of the essential conditions. Option (4) is correct: All are the essential conditions under Section 31 of the Specific Relief Act.

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

  1. Section 21

  2. Section 32

  3. Section 42

  4. Section 40


Correct Option: B
Explanation:

Option (1) is incorrect: Section 21 of Specific Relief Act provides power to award compensation in certain cases. Option (2) is correct: Section 32 of the Act states that 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. Option (3) is incorrect: Section 40 of the Act states about injunction to perform negative agreement. Option (4) is incorrect: Section 40 of the Act states provision for damages in lieu of, or in addition to injunction.

Specific performance of contract is allowed where

  1. the plaintiff is not entitled to recover compensation

  2. the defendant is incompetent to perform the contract

  3. compensation is not the adequate relief

  4. the defendant has died


Correct Option: C
Explanation:

Option (3) is correct: Specific performance of contract is allowed where compensation is not the adequate relief.

Which of the following sections under Specific Relief Act deals with specific performance with variation?

  1. Section 18

  2. Section 19

  3. Section 20

  4. Section 21


Correct Option: A
Explanation:

Option (1) is correct: Section 18 of Specific Relief Act deals with non-enforcement except with variation. Option (2) is incorrect: Section 19 of Specific Relief Act deals with relief against parties and persons claiming under them by subsequent title. Option (3) is incorrect: Section 20 of Specific Relief Act provides discretion as to decreeing specific performance. Option (4) is incorrect: Section 21 of Specific Relief Act provides power to award compensation in certain cases.

Specific performance of any contract may be ordered where

  1. there exists no standard for ascertaining actual damage by non-performance of the act to be done

  2. compensation is adequate relief

  3. performance of the contract involves performance of a continuous duty, which the court cannot supervise

  4. the contract is by its nature determinable


Correct Option: A
Explanation:

Option (1) is correct: Specific performance of any contracts may be ordered u/s 10 of the act, where there exists no standard for ascertaining actual damage by non performance of the act to be done. Option (2) is incorrect: Specific performance of any contracts may not be ordered where compensation is an adequate relief. Option (3) is incorrect: Specific performance of any contracts may not be ordered where the performance of the contract involves performance of a continuous duty, which the court cannot supervise. Option (4) is incorrect: Specific performance of any contracts may not be ordered where the contract is by its nature determinable.

In a suit under Section 6 of the Specific Relief Act, the court can

  1. adjudicate on the title

  2. direct the defendant(s) to remove the structure

  3. permit the plaintiff to pull down the structure

  4. None of these


Correct Option: D
Explanation:

Option (1) is incorrect: In a suit under Section 6 of the Specific Relief Act, the court cannot adjudicate on the title. Option (2) is incorrect: In a suit under Section 6 of the Specific Relief Act, the court cannot direct the defendant(s) to remove the structure. Option (3) is incorrect: In a suit under Section 6 of the Specific Relief Act, the court cannot permit the plaintiff to pull down the structure. Option (4) is correct: The court cannot do any of the above acts.

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

  1. Section 11

  2. Section 4

  3. Section 5

  4. Section 9


Correct Option: C
Explanation:

Option (1) is incorrect: Section 11 of Specific Relief Act, 1963 deals with cases in which specific performance of contracts is connected with trust enforceable. Option (2) is incorrect: Section 4 of Specific Relief Act, 1963 deals with specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Option (3) is correct: Section 5 of Specific Relief Act, 1963 deals with recovery of specific immovable property. Option (4) is incorrect: Section 9 of Specific Relief Act, 1963 deals with defence respecting suits for relief based on contract.

Which of the following contracts is specifically enforceable?

  1. 'A', an author, contracts with 'B', a publisher, to complete a literary work.

  2. 'A' contracts to sell and 'B' contracts to buy a residential building.

  3. 'A' contracts to marry 'B'.

  4. A contracts by a guardian to purchase immovable property on behalf of a minor.


Correct Option: A
Explanation:

Option (1) is correct: Contract is totally based upon the personal qualification of A; so the contract is specifically enforceable.

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