Lectures of Specific Relief Act

Lectures of Specific Relief Act

 

PAHUJA LAW ACADEMY

GENERAL INTRODUCTION

MAINS QUESTIONS

 

  1. 1. For what purposes remedy of specific relief may be granted under the provisions of SRA, 1963?
  1. Describe the procedure for recovery of specific immovable property under the SRA, 1963.
  1. Explain the procedure in detail by which any person dispossessed of immovable property without his consent may recover back the possession of it.
  1. Under what circumstance can a person file suit for getting back the possession of immovable property from which he has been dispossessed?
  1. Describe the cases in which a person who is not an owner of movable property may be compelled to deliver to the person entitled to immediate possession?

 

PAHUJA LAW ACADEMY

GENERAL INTRODUCTION

General Introduction:-

  • The law of Specific Relief is generally based on principles of Equity.
  • Equity represents the ‘Conscience of Law’ and a moral correction of law in order to accord more with justice.
  • In its primary sense, equity is fairness or natural justice.
  • Equity means to do unto all men as we would they should do unto us.
  • Specific Relief was granted by the Courts of Equity is England, in the cases where there was no Common Law Relief or in such cases where the relief granted by the common law courts was inadequate.

 

Specific Relief:-

  • The law of Specific Relief aims at providing the remedy to the suitor in specie, i.e. the very thing which the other party was bound to perform.
  • It provides for the exact fulfillment of an obligation or the specific performance of the contract.
  • Where pecuniary compensation is not adequate relief for the non- performance of the contract, the specific relief may be granted.
  • The Specific Relief Act, 1963 is based on the Ninth Report of the Law Commission of India on the Specific Relief Act, 1877.Specific Relief is a discretionary remedy, i.e., the court is not bound to grant the specific relief merely because it is lawful to do so or that the suitor has a right to get such relief.
  • However, the discretion of the court is not arbitrary or unreasonable but is sound and reasonable.
  • Specific Relief is the law of procedure as it supplements the procedure given under the Code of Civil Procedure, 1908.

 

Chapter- 1, Recovering Possession of Property:-

Section 4

  • Specific Relief Act applies only to civil suits i.e. to enforce individual civil suits.
  • And not for enforcing criminal (penal) laws.
  •  

    Section 5

  • Recovery of Specific Immovable Property will be as provided under CPC.

 

Section 6

  • Suit by person dispossessed from immovable property
  •    (1) If a person is “dispossessed”

  •       From immovable property
  •       Without his consent
  •       Otherwise than in due course of law

 

He or any person through whom he has been in possession or any person

May recover possession by a suit under section 6.

Notwithstanding any other title that may be set up in such suit.

 

(2) No suit under 6 shall be brought

After 6 months from the date of dispossession.

Against the Government.

 

(3) No Appeal or Review against any decree/ order passed under section 6.

(4) Any person is not barred under section 6 from suing to established his title and recover possession thereof.

 

Section 7

Recovery of Specific Movable Property

  • A person entitled to the possession of Specific Movable Property.
  • May recover it in the manner provided by the Civil Procedure Code.
  • Explanation- 1 – A ‘trustee’ may sue for the recovery of movable property to which he is trustee.
  • Explanation- 2 – A special or temporary right to the present possession of movable property is sufficient for filing a suit under section 7.

 

Section 8

Liability of person in possession not an owner, to deliver to person entitled to immediate possession.

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 –

   (a) When the thing is held by the defendant as the agent or trustee of the plaintiff;

   (b) When compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed;

   (c) When it would be extremely difficult to ascertain the actual damage caused by its loss;

   (d) When the possession of the thing claimed has been wrongfully transferred from the plaintiff.

Explanation- Unless and until the contrary is proved, the court SHALL PRESUME (b) or (c).

 

PAHUJA LAW ACADEMY

GENERAL INTRODUCTION

PRELIMINARY QUESTIONS

 

  1. The words not defined in the SRA shall be understood according to –

(a) The Indian Succession Act

(b) The Transfer of Property Act

(c) The Indian Contract Act

(d) None of the above

 

  1. Specific Relief Act is the product of –

(a) 8th report of the law commission of India

(b) 9th report of the law commission of India

(c) 10th report of the law commission of India

(d) None of the above

 

  1. Specific Relief can be granted for –

(a) Enforcing individual civil rights

(b) Enforcing penal laws

(c) Both civil and penal laws

(d) Neither civil nor penal laws

 

  1. Burden to prove adverse possession is on –

(a) Court

(b) Defendant

(c) Plaintiff

(d) None of the above

 

  1. A suit for possession under section 5 of SRA can be filed within –

(a) 3 years

(b) 6 months

(c) 12 years

(d) 30 years

 

  1. The Specific Relief Act, 1963 came into force on –

(a) 01.02.1963

(b) 01.03.1963

(c) 01.03.1964

(d) 01.03.1965

 

  1. Any specific immovable property may be recovered –

(a) In the manner provided in the Code of Civil Procedure, 1908

(b) In the manner provided by Transfer of Property Act, 1882

(c) In the manner provided by The Contract Act, 1872

(d) None of the above

 

  1. Under SRA, a suit for recovery of possession can be filed –

(a) Only in respect of movable property

(b) Only in respect of immovable property

(c) In respect of both movable and immovable property

(d) None of the above

 

  1. A suit for possession of immovable property under section 6 can be filed within –

(a) 2 years of dispossession

(b) 1 year of dispossession

(c) 6 months of dispossession

(d) 12 years of dispossession

 

  1. To maintain suit under section 6 of SRA, the possession must be –

(a) Actual judicial possession

(b) Constructive possession

(c) Symbolic possession

(d) Either actual or symbolic or constructive possession

 

  1. Suits for recovery of possession of immovable property under section 6, SRA can be filed against –

(a) A government

(b) A private individual only

(c) Both against government and private individuals

(d) None of the above

 

  1. An order or decree under section 6 of SRA is –

(a) Appealable

(b) Reviewable

(c) Neither appealable nor reviewable

(d) Neither of the above

 

  1. The object of section 6 of SRA is –

(a) To restrain a person from using force and to dispossess any person illegally or without his consent.

(b) Is not to restrain any person from dispossessing other

(c) To maintain peace and public order

(d) Neither of the above

 

  1. A suit under section 6 can be brought by –

(a) A tenant holding over

(b) Any trespasser

(c) Servant

(d) None of the above

 

  1. The question of title under section 6 of SRA, 1963 is –

(a) Irrelevant

(b) Relevant

(c) No provision is made under SRA

(d) Neither of the above

PAHUJA LAW ACADEMY

SPECIFIC RELIEF ACT 1963

MAINS QUESTIONS

  1. What defences are available to defendant in suit for specific relief? In what cases defence of

(1) Undue hardship and

(2) Inadequacy of consideration may be treated as good defence.

  1. Where a suit is filed for the specific performance of contract, what are the grounds of defence available to the person against whom the relief is claimed?
  1. Whether specific performance of the contract can be partly formed if so .What are the exceptions?
  1. Explain whether specific performance of the contract connected with the trusts enforceable.
  1. What do you understand by the term substituted performance? What are the circumstances under which substituted performance is barred?

 

PAHUJA LAW ACADEMY

SPECIFIC RELIEF ACT 1963

Chapter- 2: Specific Performance of Contracts

Section-9 Defences respecting suits for relief based on Contract

  • Enables defendant in a suit for specific performance
  • To raise all those defences available under law of contract
  • To which the defendant is eligible to raise under the law of contracts
  • Any ground which is available to him under any law relating to contracts.

(Ground such as incapacity of parties, coercion, fraud, misrepresentation, mistake, illegality, want of authority to enter into the contract, absence of concluded contract, Delay in performance) etc.

 

  • This section exclude void agreement and not voidable agreements

Section- 11 Cases in which Specific performance of contracts connected with trusts enforceable –

  • S-11(2) Provides Contracts made by trustees
  • In excess of powers or in breach of trust Cannot be specifically enforced

Section-12. Specific Performance of Part of contract

As a general rule, Court compels specific performance of the whole contract

  • This provision provides specific performance
  • May be granted with or subject to special conditions or restrictions given in the sub-section (2) to (4) of the section
  • S-12 would include cases which fall under s-56 of the contract act
  • This provision applies where the contracting parties know of and contemplate the possibility of the whole contract being incapable
  • of persons for reason beyond the control of either party.
  • S-12(2) provides where unperformed part is small
  • And unperformed portion bear a small proportion
  • And the said portion admits of compensation in money
  • S-12(3) contemplates circumstances
  • Where unperformed part is substantial part of the contract but admits of compensation
  • Party opting for part performance can do so subject to her relinquishing both compensation and the specific performance.

 

Section 12(3)

  • Where a party to a contract is unable to perform the whole of his part.
  • And the part which must be left unperformed either –

(a) Form the considerable part of the whole though admitting of compensation in money; or

(b) Does not admit of compensation in money,

  • He (defaulter) is not entitled to obtain a decree for Specific performance
  •  

    Section 12(4)

  • When a part of a Contract capable of Specific Performance
  • is separate and on independent footing
  • from another part of the same contract, which cannot or ought not to e specifically performed,
  • The court may direct special perform of the former part.
  •  

    Section 12- Explanation: for the purposes of this section, a party to a contract shall be deemed to be unable to perform the whole of his part if a portion of its subject- matter existing at the date of the contract has ceased to exist at the time of its performance.

    Section 14 – The following contracts cannot be specifically enforced, namely:

    (a) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20;

    (b) a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise

    (c) a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms; and

    (d) a contract which is in its nature determinable.

     

    Substituted performance of contract Section 20 (as Amended by 2018 Act)

    Substituted performance of contract Section 20 (as Amended by 2018 Act) has substituted the previous provision. It now reads: “Substituted performance of contract.

  • Clause (1)– Without prejudice to the generality of the provisions contained in the Indian Contract Act, 1872, and, except as otherwise agreed upon by the parties, where the contract is broken due to non-performance of promise by any party, the party who suffers by such breach shall have the option of substituted performance through a third party or by his own agency, and, recover the expenses and other costs actually incurred, spent or suffered by him, from the party committing such breach.
  • Clause(2)- No substituted performance of contract under sub-sec. (1) shall be undertaken unless the party who suffers such breach has given a notice in writing, of not less than thirty days, 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: Provided that the party who suffers such breach shall not be entitled to recover the expenses and costs under sub-sec. (1) unless he has got the contract performed through a third party or by his own agency.
  • Clause (3)- Where the party suffering breach of contract has got the contract performed through a third party or by his own agency after giving notice under sub-sec. (1), he shall not be entitled to claim relief of specific performance against the party in breach.
  • Clause (4)- Nothing in this section shall prevent the party who has suffered breach of contract from claiming compensation from the party in breach.”
  •  

    Section 20 of the amended Act permits a party suffering from a breach of contract, to have the contract performed by a third-party or through its agent and recover the costs and expenses incurred in substituting such performance, from the defaulting party (unless agreed otherwise under the contract). However, before substituting such performance, the non-defaulting party will be required to provide a 30 days’ prior notice to the defaulting party, requiring the latter to perform the contract within a specified time frame and notifying the defaulting party that the non-defaulting party intends to have the contract performed by substitution, in case of defaulting party’s failure to perform the contract. In case a non-defaulting party exercises the option of such substituted performance, then, such party can no longer seek any specific performance of contract; although such party will still be entitled to claim damages (compensation) from the defaulting party on account of the defaulting party’s breach of contract.

     

    PAHUJA LAW ACADEMY

    SPECIFIC RELIEF ACT-1963

    PRE QUESTIONS

     

    1. For the purpose of section 6 of the Act the possession must be

    (a) Rightful

    (b) Juridical

    (c) Lawful

    (d) None of the abov

     

    1. Which of the following valid defences can be taken to an action for specific performance of a contract

    (a) Defective title

    (b) Illegality

    (c) Lapse of time

    (d) All of the above

     

    1. Mere inadequacy of consideration is no ground for specific performance of a contract. The statement is

    (a) True

    (b) False

    (c) Partly correct

    (d) None of the above

     

    1. in which of the following cases did the supreme court hold that any person claiming through him includes a landlord whose tenant has been dispossessed by someone else

    (a) Sadashiv Shyama Sawant v. Anita Anant Sawant

    (b) Gomathinayagam pillai vs Pillaniswami Nadar

    (c) Ganesh Sait Vs Jayarama

    (d) None of the above

     

    1. Is a suit under section 8 of the specific relief act maintainable against the true owner ?

    (a) Yes

    (b) No

    (c) Depends

    (d) None of the above

     

    1. In which section specific performance connected with trusts is enforceable

    (a) Section 8

    (b) Section 9

    (c) Section 10

    (d) Section 11

     

    1. A contact made by trustee in excess of his powers or in breach of trust

    (a) Can be specifically enforced

    (b) Cannot be specifically enforced

    (c) Depends

    (d) None of the above

     

    1. “A” is a trustee of land with powers to lease it for five years. He contracts with “B’’ to lease the land for five years and renew the contract after the expiry. Can the contract be specifically enforced

    (a) Yes

    (b) No

    (c) Depends

    (d) None of the above

     

    1. Ceasing of part of subject matter of the contract on the date of performance raises a presumption that the party that is unable to perform

    (a) True

    (b) False

    (c) Partly correct

    (d) None of the above

     

    1. provision for substituted performance of contract has been incorporated under section _______ of the Specific Relief Act 1963.

    (a) 20

    (b) 20A

    (c) 14A

    (d) 20B

    1. Who may obtain specific performance under Section 15 of the Specific Relief Act, 1963 ?
    1. Explain Whether It is necessary for the plaintiff to prove “ Readiness and willingness to perform the terms of the contract” ?
    1. What contracts which cannot be specifically enforced.
    1. Whether purchaser can enforce specific performance against the person who contracts to sell or let immovable property having no title or only an imperfect title.
    1. (a) Where agreement provides for Arbitration Clause, Is Specific performance of suit is maintainable

    (b) Who may obtain specific performance as per section 15 of the Specific Relief Act.

    PAHUJA LAW ACADEMY

    SPECIFIC RELIEF ACT 1963

    MAINS QUESTIONS

    Section 13. Rights of purchaser or lessee against person with no title or imperfect title

    This section applies:-

  • when the seller of immovable property has no title or imperfect title
  • If the seller subsequently acquire interest in the property
  • The purchaser can compel him to make good the contract out of such interest
  • S- 13(a) provides for when vendor/seller acquire title subsequently
  • S-13 (b) provides for when concurrence or conveyance is necessary for validating the title Purchaser or lessee may Compel him to procure such conveyance
  • S-13(c) provides, when the vendor has agreed to sell unencumbered property
  • But if the property sold is mortgaged property and
  • the vendor has only right to redeem it, the purchaser can compel him to redeem the mortgage.
  • S-13(d) If the vendor approach the court of law for specific performance and the relief is refused
  • For invalid title
  • The purchaser is entitled to a return of his deposit
  •  

    Section 15-who may obtain specific prrformance

  • S-15 (a) any party to the contract
  • S-15 (b) representative in interest (Legal representative, assignee, transferee of interest)
  • S-15 (c) Family arrangement and Marriage settlement
  • (all that is necessary that the parties must be related to another In some way and have a possible claim)

  • S-15 (d) Where the contract entered into by a tenant for life
  • S-15 (e) Reversion in possession , entitled to benefit and
  • S-15 (f) Reversioner in remainder can enforce contract if he will sustain material injury due to breach
  • S-15 (fa) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation.[added through the specific relief Act, 2018]
  • S-15 (g) company formed by amalgamation can enforce contract made by the transferor company
  • S-15 (h ) Pre incorporation contracts made by company promoter
  •  

    Section 16. Personal bars to relief

    Specific performance cannot be enforced in favour of person:-

  • who is not entitled to compensation for breach
  • who has become incapable of performance or
  • violated essential terms
  • Acted in fraud of contract
  • Acted in variance
  •  

    THE SPECIFIC RELIEF (AMENDMENT) ACT, 2018

  • S-16(c) . In section 16 of the principal Act,—
  • “who fails to prove” ( by virtue of amendment 2018)
  • (i) for clause (a), the following clause shall be substituted, namely:— “(a) who has obtained substituted performance of contract under section 20; or”;
  • (ii) in clause (c),— (I) for the words “who fails to aver and prove”, the words “who fails to prove” shall be substituted; (II)
  • in the Explanation, in clause (ii), for the words “must aver”, the words “must prove” shall be substituted.
  • S-16 (c) person who fails to prove that he is ready and willing to perform essential terms of the contract( by virtue of amendment 2018) now not required aver in the pleading.
  •  

    PAHUJA LAW ACADEMY

    SPECIFIC RELIEF ACT 1963

    Pre Questions

    1. Which of the following sections refer to the sale or lease where property is conveyed first and the title is acquired afterwards.

    (a) Section 13 of specific relief act

    (b) Section 43 of transfer of property act

    (c) Both (a) and (b)

    (d) None of the abov

     

    1. Specific performance of contract may be enforce in favour of

    (a) Any party thereto

    (b) A representative in interest or principal thereto

    (c) Any person beneficially entitled

    (d) All of the abov

     

    1. A contract of employment by or against an employer

    (a) Can be specifically enforced

    (b) Cannot be specifically enforced

    (c) Depends

    (d) None of the above

     

    1. Which of the following contracts can be enforced specifically

    (a) Contract to marry

    (b) Contract to write a book

    (c) Contract to paint a picture

    (d) None of the above

     

    1. Which of the following contract mandates contract to sell or let property By one who has no title

    (a) Section 15

    (b) Section 16

    (c) Section 17

    (d) Section 18

     

    1. The plaintiff must prove that he was ready and willing to perform his part

    (a) On the date of execution

    (b) On the date of decree

    (c) From the date of execution till the date of decree

    (d) None of the above

     

    1. Does the rule of Caveat Emptor apply to a purchaser mentioned in section 13.

    (a) Yes

    (b) No

    (c) Depends

    (d) None of the above

     

    1. Which is the leading case on specific performance involving personal skills

    (a) Lumely vs wagner

    (b) Willmot vs Barber

    (c) Rigby vs Cannol

    (d) None of the above

     

    1. The Continuous readiness and willingness on the part of the plaintiff is not a condition precedent for grant of specific performance.

    (a) True

    (b) False

    (c) Partly correct

    (d) None of the above.

     

    1. A person who has obtained substituted performance of contract

    (a) Shall be prevented from claiming compensation from the party at fault.

    (b) May be prevented from claiming compensation from the party at fault.

    (c) Shall not be prevented from claiming compensation from the party at fault

    (d) None of the above

    PAHUJA LAW ACADEMY

    SPECIFIC RELIEF ACT 1963

    LECTURE 4

     

    PERSONS for or against whom contracts may be Special Performed

    Section 15, WHO may obtain Special Performance –

  • Except as otherwise provided by this chapter, the Special Performance of a contract may be obtained by –
  • (a) Any party thereto;

    (b) The representative-in-interest or principal of any party provided if contract depends upon the learning, skill solvency or any personal quality of a party –

  •   The representative-in-interest or principal not entered to special performance
  •   unless consented by other party,
  • (c) any person beneficially entitled if contract is –

  •   a settlement on marriage
  •   Compromise of doubtful rights between members or same family.
  • (d) Contract is by a tenant for life – a reminderman

    (e) A reversioner in possession where the agreement is a covenant

    (f) A reversioner in reminder – reversioner will sustain material injury by its breach.

    (fa) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation. [added through the specific relief Act, 2018]

    (g) The new company – which arises after amalgamation under contract.

    (h) The company – when the promoters of a company have entered into contract before its incorporation.

     

    Section 16 Personal Bars to Relief:

    Special Performance of a contract cannot be enforced in favour of person –

    (a) Who has obtained substituted performance of contract und section 20, of the Act.

    (b) WHO –

  • Has become in capable of performing, or
  •    Violates any essential term of contract, or
  •    Acts in fraud of the contract, or
  •    Willfully acts at variance with, or in subversion of contract.
  • (c) Fails to prove that he has performed or ready and willing to perform terms of contract.

     

    Section 17, Contract to sell or let property by one who has no title, not specifically enforceable:

    (1) A contract to sell or let any immovable or movable property cannot be special enforceable in favour of a lessor or vendor, who –

    (a) Knowing not to have any title, contracted so.

    (b) Believing good title, but could not give title free from reasonable doubt.

    PAHUJA LAW ACADEMY

    SPECIFIC RELIEF ACT 1963

    MAINS QUESTIONS

    1. Define and classify injunctions. Distinguish between mandatory and prohibiting injunction.
    1. a) “A” is wife of “B”, A files a suit for grant of injunction against her husband restraining him from marrying a second wife. Is a suit for injunction maintainable?

    b) “A” municipal committee issues a notice to “B” a house owner for removing encroachments from the municipal land. “B” files suit for injunction to restrain municipality from doing so. Can injunction be issued?

    1. Discuss the principles governing the grant of perpetual injunction
    1. Can a permanent injunction be granted to restrain landlord from evicting the tenant from premises in his possession.
    1. Explain Relief of injunction is a discretionary relief. State under what circumstances relief of permanent injunction can be refused.

     

    PAHUJA LAW ACADEMY

    SPECIFIC RELIEF ACT 1963

     

    Section-36. Preventive relief how granted

  • Preventive relief is granted at the discretion of the court
  • By granting Injunction
  •     (a) Temporary injunction (Regulated by the provisions of Code of Civil procedure, 1908.

        (b) Permanent injunction (S-38)

        (c) Mandatory injunction (S-39)

     

    Injunction is restraining a defendant from interfering with the plaintiff exercise of his right.

  • It’s a remedy in personam
  • It’s an equitable relief
  •  

    Section -37. Temporary and Perpetual injunctions

  • Temporary injunction is granted:-
  •     To maintain status quo ( restoration of prior position)
  •     To stop mischief
  • Injunction is granted when Damages are not Adequate relief
  • Relief of injunction will not be granted if compensation will not afford adequate relief.
  • Temporary injunction is governed by O- 39 Rule 1 of the C.P.C,1908
  • S-37(1) Temporary injunction to continue
  • a) until a specified time or until further order of the court

    b) may be granted at any stage of a suit

  • The injunction relief is granted during the pendency of the proceedings.
  • S-37(2) Perpetual injunction is granted
  • 1) after a final determination of the right of parties

    2) on merits of the suit

     

    Section -38. Perpetual injunction when granted

  • To prevent breach of an obligation, express or implied
  • Existing in favour of the plaintiff
  • S-38(2) If such obligation arises out of the contract
  • The court will be guided by principles of specific performance
  • S-38 (a) Where the defendant is a trustee
  • (b) where actual damage cannot be ascertained.

    (c) Compensation in money would not afford adequate relief

    (d) To prevent multiplicity of proceedings

     

    Section-39. Mandatory injunctions

  • It requires a person to do a particular thing
  • To compel performance of certain acts to prevent breach
  • Acts directed by the court must be capable of enforcement by court
  •  

    Section -40. Damages in lieu of, or in addition to injunction

  • A person can claim damages in substitution of injunction
  • The relief must be claimed by person
  • Where no such damages have been claimed,
  • The court shall allow the plaintiff to amend the plaint
  • Amendment is permissible at any stage of the proceedings
  •  

    Section-41. Injunction when refused

  • S-41(a) Injunction can not be granted to restrain any person from prosecuting unless the same is granted to prevent multiplicity of proceedings
  • S-41(b) applies to pending proceedings , cannot restrain person from prosecuting . Injunction is not directed against a court.
  • S-41(c)To be refused to restrain any person from applying to any legislative body
  • S-41(d) Injunction cannot be granted to restrain criminal proceeding,(civil court cannot stay criminal proceedings against complainants.
  • S-41(e)No injunction can be granted to prevent breach , the performance of which cannot be specifically enforced,
  • S-41(e) provides the contract which is determinable read with S-14(1) of SRA 1963
  • S-41(f)No relief of injunction where, no nuisance is caused or no interference with the right of others
  • S-41(g)No relief of injunction can not be granted, to prevent a continuing S-breach in which the plaintiff has acquiesced.
  • S-41(h) When equally efficacious remedy is available no injunction can be granted except in cases of breach of trust
  • S-41(ha)If it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of the relevant facility related thereto or services being subject matter of such project [Added through the specific relief act 1963]
  • S-41(i)Where the conduct of the plaintiff or agent is such so as to disentitle him the assistance of court
  • S-41(j)No injunction can be granted when the plaintiff has no personal interest I the matter
  •  

    Section -42. Injunction to perform Negative agreement

    This provision consist of two parts:-

    a) a positive agreement to do a certain act

    b) a negative agreement, not to do a certain act(express or implied)

  • If the court is unable to compel specific performance of the affirmative agreement
  • The court may still grant injunction to perform the negative agreement
  • PAHUJA LAW ACADEMY

    SPECIFIC RELIEF ACT-1963

    PRE QUESTIONS

    1. Temporary injunctions are granted under

    (a) Section 36 of SRA

    (b) Section 37 of SRA

    (c) Section 38 of SRA

    (d) Order 39 of CPC

     

    1. S- 37 of SRA,1963 provides that a perpetual injunction can be granted

    (a) During the pendency of the suit

    (b) By the decree

    (c) Both (a) and (b)

    (d) Either (a) or (b)

     

    1. Which of the following reliefs can be granted at any stage of the suit.

    (a) Temporary injunction

    (b) Perpetual injunction

    (c) Either (a) or (b)

    (d) None of the above

     

    1. The circumstances under which a perpetual injunction can be granted have been enumerated under

    (a) Section 36 of SRA

    (b) Section 37 of SRA

    (c) Section 38 of SRA

    (d) Section 39 of SRA

     

    1. Which of the following sections of the specific relief act deals with cases where an injunction may be refused

    (a) Section 40

    (b) Section 41

    (c) Section 42

    (d) Section 43

     

    1. Damages in suit for injunctions can not be granted

    (a) If the plaintiff has not claimed damages

    (b) If the suit of the plaintiff is dismissed

    (c) Both (a) and (b)

    (d) Either (a) or (b)

     

    1. Injunction is granted

    (a) To prevent torts

    (b) To restrain breach of contract

    (c) Both (a) and (b)

    (d) Neither (a) and (b)

     

    1. Law presumes the possession to go with the title unless rebutted. The statement is

    (a) True

    (b) False

    (c) Partly correct

    (d) None of the above

     

    1. Essentials required to be fulfilled for granting Temporary Injunction

    a) If there is a prima facie case in favour of the plaintiff

    b) Balance of convenience is in favour of the plaintiff

    c) Irreparable injury will be caused to the plaintiff if the same is not granted

    d) All of the above

     

    1. A perpetual injunction may be granted to prevent breach of obligation

    (a) Express

    (b) Implied

    (c) Both (a) and (b)

    (d) None of the above

     

    1. Injunction is granted

    (a) To prevent continuous injury

    (b) To prevent breach of an obligation

    (c) At the discretion of the court

    (d) All of the above

     

    1. Agreement being determinable in nature will not be specifically enforceable under which section of SRA.

    (a) Section 40

    (b) Section 14

    (c) Section 42

    (d) Section 39

     

    1. Limitation for filing Suit for declaration is

    a) One years

    b) Two years

    c) Three years

    d) None of the above

     

    1. Permanent injunction is

    a) Final determination of the right of the parties

    b) Temporary determination of the right of the parties

    c) Not final determination of the right of the parties

    d) None of the above.

     

    1. An injunction will not be issued

    (a) Where damages are the appropriate remedy

    (b) Where the contract cannot be specifically enforced

    (c) Where the plaintiff is not entitled to injunction.

    (d) All of the above

     

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