SPECIFIC RELIEF ACT

---Part 1 PRELIMINARY

UPHJS2007 Edit


7. “He who seeks equity must do equity”. Comment giving illustrations with reference to Specific Relief Act and Trust Act. 15

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---PART2 SPECIFIC RELIEF

------CH1 RECOVERING POSSESSION OF PROPERTY

UPHJS2018-II Edit

76. If a person is dispossessed without his consent of immovable property otherwise than in due course of law, he may file a suit to recover possession under section 6 of the Specific Relief Act within:
(a) three months from the date of dispossession
(b) six months from the date of dispossession
(c) twelve months from the date of dispossession
(d) three years from the date of dispossession

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UPHJS2016 Edit

75. The question of title is :
(a) relevant under Section 6 of the Specific Relief Act, 1963
(b) irrelevant under Section 6 of the Specific Relief Act 1963
(c) question of title is not a provision under Specific Relief Act, 1963
(d) None of the above.

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UPHJS2012 Edit

46. A suit for recovery of possession of an immovable property under Section 6 of the Specific Relief Act can be filed against
(A) a private individual only
(B) a government
(C) both a private individual and a government
(D) neither (A) nor (B).

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UPHJS2009 Edit

18. X, an owner of house at Aligarh, left Aligarh in the year 1970 after appointing Y as its care taker to look after the house. Y starts living in the said house with the knowledge of X. X brings an action in the year 2005 against Y for delivery of possession of the house in question. Y takes the plea that (1) the suit is barred by time and (2) he has perfected the title by adverse possession. State whether-
(A) suit is barred by time
(B) Y has perfected his title by adverse possession
(C) Y is liable to succeed on both the pleas (1) and (2)
(D) None of the above pleas is sustainable

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UPHJS2014 Edit


5. Explain and discuss as to whether a suit for declaration without seeking possession of a property is maintainable or not with the relevant provisions of the Specific Relief Act and case law, if any. 10


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UPHJS2009SPL Edit


5. (a) What a plaintiff must prove in a suit under Section 6 of Specific Relief Act for obtaining relief ? Whether he can obtain relief against the Government also ? 10

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UPHJS2009SPL Edit


5. (b) ‘A’ contracts to write a book for ‘B’. He writes the book but refuses to assign copyright and handover the manuscript to ‘B’. ‘B’ files suit for specific performance of the contract. Will you decree the suit ? Decide referring to relevant provisions. 10


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------CH2 SPECIFIC PERFORMANCE OF CONTRACTS

UPHJS2018-II Edit

92. Specific performance of any contract may be ordered where :.
(a) There exists no standard for ascertaining actual damage by non-performance of the act to be done
(b) Compensation in money is adequate relief
(c) The performance of the contract involves performance of "continuous duty which the Court cannot supervise
(d) The contract is by its nature determinable

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UPHJS2018-I Edit

71. Which of the following is/are the exception to the general rule that there can be no specific enforcement of a contract of employment for personal service?
(a) A public servant dismissed in etiolation of Article 311 of Constitution of India
(b) A worker dismissed in violation of Industrial Disputes Act, 1947
(c) A statutory body acts in breach of mandatory obligation
(d) All of the above

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UPHJS2016 Edit


4 (B) ‘X’ a real estate agent due to his proximity with the Ruling Party comes to know that a highway is being laid from the village concerned, and persuades ‘A’, the tenure holder, to enter into a contract for sale of his substantial land on 1-1-2010 at the rate of Rs. 10,000/- per bigha as the earnest money. The sale was to be executed within a year. ‘A’ died on 10-10-2010. The road project is inaugurated on 1-11-2010. ‘X’ files a suit for specific performance of contract against ‘B’ only heir of ‘A’ on 20-12-2010, with the allegation that he was and is willing to perform his part of the contract, and that a notice was previously sent to ‘A* to execute sale deed on 30-8-2010. Suit is contested on the ground that it was not entered into between the parties, and that due to changed circumstances, prices of land in the village have increased manifold, and would otherwise cause grave hardship for ‘B\ as it would virtually render him landless. It is also claimed that it would be inequitable to enforce the contract. Decide with reference to provisions of law and the authorities on the subject. 20

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UPHJS2012 Edit


5. (a) Whether all contracts can be specifically enforced ? If not, state exceptions referring to relevant provisions. 10

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UPHJS2012 Edit


5. (b) ‘A’ a famous magician entered into an agreement with Ashoka Hotel to give performance every evening from 1st September, 2012 to 1st December, 2012. Subsequent to the agreement with Ashoka Hotel the magician entered into an agreement with International Hotel to give performance every evening from 1st September, 2012 to 1st December, 2012. The Ashoka Hotel filed a suit for the specific performance of the contract against ‘A’. ‘A’ contested the suit. Decide referring to relevant provisions of law. 10

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UPHJS2007 Edit


6 (a) The jurisdiction to decree specific performance is discretionary. Mention the cases in which the Court may properly exercise discretion not to decree specific performance. Answer referring to provisions of the Specific Relief Act, 1963. 15

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CG HJS 2018 Edit

  1. (A) What are the special provisions for contract relating to infrastructure project under the Specific Relief Act 1963 ? [ 5 Marks ]

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------CH3 RECTIFICATION OF INSTRUMENTS

------CH4 RESCISSION OF CONTRACTS

------CH5 CANCELLATION OF INSTRUMENTS

------CH6 DECLARATORY DECREES

---PART3 PREVENTIVE RELIEF

------CH7 INJUNCTIONS GENERALLY

UPHJS2018-I Edit

98. Injunction cannot be granted in a suit:
(a) in which the specific performance cannot be enforced
(b) for breach of negative contract to enforce specific performance
(c) for declaration where the plaintiff is in possession
(d) none of above

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UPHJS2016 Edit

93. Injunction cannot be granted in a Suit:
(a) in which the specific performance cannot be enforced
(b) for breach of negative contract to enforce
(c) for declaration where the plaintiff is in possession
(d) none of the above.

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UPHJS2012 Edit


9. (a) Explain the law relating to interim injunction. Under what circumstance temporary injunction in mandatory form can be granted. Whether an interim injunction can be granted on the application of the defendant, who has not filed any counter claim, if so in what circumstances ? 10

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UPHJS2007 Edit


6. (b) A and B have adjoining plots. B is living in his plot after making construction. A starts construction and opens one door and two windows towards the side of B. B protests as it amounts to disturbance in his right of privacy. A on the other hand, pleads that he is entitled to raise the construction on his plot in the manner he likes. B files a suit for mandatory injunction. How should the suit be decided? 5


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------CH8 PERPETUAL INJUNCTIONS