MCQs on The Specific Relief Act, 1963

Q.1:- A contract made by a trustee in excess of his powers or in breach of trust:

• May be enforced.
• May not be enforced.
• Cannot be specifically enforced.
• Can be specifically enforced.

Q.2:- How the preventive relief is granted under the Specific Relief Act, 1963 by the court:

• At the discretion of the court by perpetual.
• At the discretion of the court by injunction temporary.
• Both A and B are correct.
• None of the above.

Q.3:- When an injunction cannot be granted:

• To restrain any person from instituting or prosecuting any proceeding in a criminal matter.
• To prevent the breach of a contract the performance of which would not be specifically enforced.
• To restrain any person from applying to any legislative body.
• All the options are correct.

Q.4:- The Specific Relief Act, 1963 extends to:

• The whole of India except the State of Jammu and Kashmir.
• The whole of India
• Only to Capital cities of the States.
• The whole of India except the Union Territories.

Q.5:- What recourse is available to a person if he is dispossessed without his consent of immovable property otherwise than in due course of law:

• He may, by criminal suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
• He or any person through whom he has been in possession or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit
• He may, by mortgage suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
• He may, by money suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.

Q.6:- The specific performance of a contract shall be enforced by the court:

• Subject to the provisions of the Indian Contract Act, 1872
• Subject to the provisions of the I & B Code, 2016.
• Subject to the provisions contained in section 11(2), section 14 and section 16 of the Specific Relief Act, 1963
• None of the above.

Q.7:- In which circumstances, 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:

• When it would be extremely difficult to ascertain the actual damage caused by its loss.
• When the thing claimed is held by the defendant as the agent or trustee of the plaintiff.
• When compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed.
• All of the above.

Q.8:- Specific relief can be granted only for the purpose of:

• Enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
• Enforcing individual fundamental rights.
• Enforcing individual criminal rights only.
• Enforcing individual civil rights as well as criminal rights.

Q.9:- Notwithstanding anything to the contrary contained in the any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for possession, or partition and separate possession, of the property, in addition to such performance or any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or made by him, in case his claim for specific performance is refused

• The Code of Criminal Procedure, 1973
• The Specific Relief Act, 1963
• The Code of Civil Procedure, 1908
• The Transfer of Property Act, 1882

Q.10:- A .................. injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from, the assertion of a right, or from the commission of an act, which could be contrary to the rights of the plaintiff:

• Perpetual
• Temporary
• Both A and B are correct
• None of the above

Q.11:- Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in which case(s):

• Where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff
• Where the contract is voidable or terminable by the plaintiff
• Both A and B are correct.
• None of the above

Q.12:- injunctions are such as are to continue until a specific time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908.

• Perpetual
• Temporary
• Both A and B are correct
• None of the above

Q.13:- The following contracts cannot be specifically enforced, namely:—

• A contract, the performance of which involves the performance of a continuous duty which the court cannot supervise
• A contract, the performance of which involves the performance of an occasional duty which the court cannot supervise
• A contract, the performance of which involves the performance of a periodic duty which the court cannot supervise
• None of the above

Q.14:- How the recovery of specific immovable property may be enforced:

• A person entitled to the possession of specific immovable property may recover it in the manner provided by The Specific Relief Act, 1963
• A person entitled to the possession of specific immovable property may recover it in the manner provided by the Transfer of Property Act, 1882.
• A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Criminal Procedure, 1973.
• A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908

Q.15:- Whether any appeal is allowed against the order or decree passed in any suit instituted under section 6 of the Specific Relief act, 1963:

• Yes, appeal can be allowed.
• No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed
• Appeal can be allowed, if permitted by the court, who have given the order or decree.
• None of the above

Q.16:- No substituted performance of contract shall be undertaken unless the party who suffers such breach has given a notice in writing, of not less than ...................., to the party in breach calling upon him to perform the contract within such time as specified in the notice, and on his refusal or failure to do so, he may get the same performed by a third party or by his own agency:

• Twenty days
• Thirty days
• Forty days
• Ten days

Q.17:- Is there any time limit, if any person is dispossessed without his consent of immovable property otherwise than in due course of law, for filing suit, to recover possession thereof

• No suit under section 6 of the Specific Relief Act, 1963 shall be brought after the expiry of six months from the date of dispossession or against the government.
• No time limit is prescribed.
• Within a reasonable time limit, suit may be filed.
• None of the above.

Q.18:- A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced:

• It may be declared as un-enforceable.
• It may be rescinded and delivered up to be cancelled; and the court, if it refiises to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly
• It may be declared as void
• None of the above.