AB INITIO LAW INSTITUTE

SPECIFIC RELIEF ACT

Full Marks- 150, Time- 3 hrs

1. X filed suit for injunction restraining defendant from interfering with his possession over
property in suit of which the plaintiff claims himself to be the owner. He also asserted his
possession over it. However he did not allege that the defendant dispossessed him from the
property in suit. Would the plaintiff be entitled to the protection of Section 6 of Specific Relief
Act ? (25 marks)

2. Can the following contracts be specifically enforced ? Give reasons for your answer. (25 marks)
a) A contracts to sell certain lands to B, and also agrees to pay Rs. 1,000 to B in case of default. A
subsequently refuses to perform the contract. B suses A for specific performance of the
contract and pays Rs. 1000 into court.

b) A and B contracted to sell certain property belonging to them and C to X. C was not
contemplated as an inevitable party to the deal. Can the contract be specifically enforced
against A and B despite C's refusal to join in it ?

c) A and B contracted to sell two ancestral houses jointly held by them who were brothers to C
for a consideration of Rs. 2,250.00, out of which Rs. 200/- were paid as earnest money. There
was no separate oral agreement. Can a contract be specifically enforced either against A or
against B alone ?

3. When may the court pass an order of specific performance of contract and when it must refuse
to do so ? (25 marks)

4. a) Explain part performance of the contract .

b) What is specific performance with variation ? (25 marks)

5. What do you understand by "Rescission of Contract"? Distinguish between "rectification" and

"rescission" of contract. (25 marks)

6. Define and classify Injunctions. Can a permanent injunction be granted to restrain landlord
from evicting the tenant from premises in his possession ? (25 marks)

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