Specific Relief Act - Practice Test

[#146] Which of the following Sections of Specific Relief Act deals with recovery of specific immovable property?

(A) Section 3

(B) Section 4

(C) Section 5

(D) Section 6

Correct Answer

(D) Section 6

[#147] To claim specific performance of a contract, it is

(A) Necessary to plead and prove that the plaintiff is ready and willing to perform his part of contract

(B) Necessary to plead and prove that the plaintiff has always been ready and willing to perform his part of contract

(C) Necessary to prove that the plaintiff was ready and willing to perform his part of contract

(D) Even if not pleaded and proved accordingly the Court can draw such inference from the circumstances

Correct Answer

(B) Necessary to plead and prove that the plaintiff has always been ready and willing to perform his part of contract

[#148] In a suit for specific performance of a contract, the plaintiff has not claimed compensation for breach in substitution of such performance. The court concludes that though the defendant is in breach but the discretion implicit in the grant of relief of specific performance be not exercised in favour of the plaintiff. The court in such a situation,

(A) In the absence of the claim in the plaint for compensation cannot award such compensation to the plaintiff

(B) Notwithstanding the plaintiff having not claimed compensation is empowered to award such compensation to the plaintiff as may be deemed appropriate.

(C) Notwithstanding the plaintiff having not claimed compensation, is empowered to award compensation to the plaintiff if the plaintiff has led any evidence qua compensation.

(D) Notwithstanding the plaintiff having not claimed compensation and having not led evidence, is required to give an opportunity to the plaintiff to lead evidence qua compensation.

Correct Answer

(A) In the absence of the claim in the plaint for compensation cannot award such compensation to the plaintiff

[#149] In which of the following cases, performance of the contract would be specifically enforced by the Court

(A) A contract to marry

(B) A contract to give money on loan

(C) A contract to refer a dispute to arbitration

(D) A contract to sell a painting by a well-known dead painter

Correct Answer

(D) A contract to sell a painting by a well-known dead painter

[#150] Which of the following is a contract that cannot be specifically enforceable?

(A) A contract which is in its nature determinable

(B) A contract which is so dependent on the personal qualifications

(C) Both a contract which is in its nature determinable and also dependent on the personal qualifications

(D) Where the suit is for the purchase of a share of a partner in a firm

Correct Answer

(C) Both a contract which is in its nature determinable and also dependent on the personal qualifications

Specific Relief Act - Study Mode

[#146] Which of the following Sections of Specific Relief Act deals with recovery of specific immovable property?

Correct Answer

[#147] To claim specific performance of a contract, it is

Correct Answer

Correct Answer

[#149] In which of the following cases, performance of the contract would be specifically enforced by the Court

Correct Answer

[#150] Which of the following is a contract that cannot be specifically enforceable?

Correct Answer