Specific Relief Act 1877 MCQs

1. Question 1 of 230

   Under section 27A(b), where specific performance is claimed by the LESSEE, he must have taken or continued in possession in part performance and:

   A Done some act in furtherance of the contract B Paid the whole of the agreed rent C Registered the contract within four months D Given written notice to the lessor
2. Question 2 of 230

   Under section 34, a contract in writing may be first rectified and then specifically enforced if:

   A The defendant consents to the rectification B The rectified contract is registered C The Court has first passed a decree of rectification in a separate suit D The plaintiff has so prayed in his plaint and the Court thinks fit
3. Question 3 of 230

   Under section 35(b), rescission may be adjudged where the contract is unlawful for causes not apparent on its face and:

   A Both parties are equally to blame B The plaintiff is more to blame than the defendant C The defendant is more to blame than the plaintiff D Neither party knew of the illegality
4. Question 4 of 230

   Part I of the Specific Relief Act, 1877 is headed:

   A Of Specific Relief B Of Preventive Relief C Preliminary D Introductory
5. Question 5 of 230

   Head II of section 22 concerns a case where performance would involve hardship on the defendant:

   A Of any kind, whether foreseen or not B Which was caused by the plaintiff's conduct C Greater than the benefit to the plaintiff D Which he did not foresee, whereas non-performance would involve no such hardship on the plaintiff
6. Question 6 of 230

   Under section 21, where a person who has made a contract to refer differences to arbitration (other than an arbitration agreement to which the Arbitration Act, 1940 applies) sues in respect of a subject he contracted to refer:

   A The Court must stay the suit until an award is made B The suit proceeds but the award is a defence C The Court must refer the matter to arbitration itself D The existence of such contract shall bar the suit
7. Question 7 of 230

   Under section 21(c), a contract cannot be specifically enforced where:

   A The Court cannot find its terms with reasonable certainty B The contract is revocable in its nature C The contract was made by trustees in excess of their powers D The contract involves a continuous duty
8. Question 8 of 230

   Under section 56(b), an injunction cannot be granted to stay proceedings in a Court:

   A Subordinate to that from which the injunction is sought B Of coordinate jurisdiction only C Not subordinate to that from which the injunction is sought D Exercising criminal jurisdiction only
9. Question 9 of 230

   Under section 56(c), an injunction cannot be granted to restrain persons from:

   A Applying to any judicial authority B Petitioning the Government C Applying for registration of a document D Applying to any legislative body
10. Question 10 of 230

    Under section 54(e), a perpetual injunction may be granted where the injunction is necessary to prevent:

    A A multiplicity of judicial proceedings B The defendant leaving the jurisdiction C Irreparable injury to the plaintiff's reputation D The transfer of the property to a third party
11. Question 11 of 230

    Under section 56(a), an injunction cannot be granted to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless:

    A The proceeding is in a subordinate Court B Such restraint is necessary to prevent a multiplicity of proceedings C The applicant was not a party to that proceeding D The proceeding was instituted in bad faith
12. Question 12 of 230

    Section 56 lists how many cases in which an injunction cannot be granted?

    A Eleven - clauses (a) to (k) B Nine - clauses (a) to (i) C Ten - clauses (a) to (j) D Twelve - clauses (a) to (l)
13. Question 13 of 230

    In illustration (b) to section 10, A pledges jewels to B, who disposes of them before he is entitled to do so, and A sues for possession without paying or tendering the loan. The suit:

    A Should be decreed, since B acted wrongfully B Should be decreed on condition that A pays the loan C Should be converted into a suit for damages D Should be dismissed, as A is not entitled to possession, whatever his right to secure their safe custody
14. Question 14 of 230

    Under section 53, temporary injunctions are such as are to continue:

    A Until the decree is passed in the suit B Until a specified time, or until the further order of the Court C Until the appeal is decided D For a period not exceeding six months
15. Question 15 of 230

    Under section 56(d), an injunction cannot be granted to interfere with the public duties of any department of the Federal Government or any Provincial Government, or with:

    A The sovereign acts of a Foreign Government B The commercial activities of a Government department C The acts of a local authority D The functions of a statutory corporation
16. Question 16 of 230

    The proviso to section 23(b) does not apply where:

    A The representative offers additional security B The party's part of the contract has already been performed C The Court grants leave D The other party consents in writing
17. Question 17 of 230

    Contrast section 13 with section 21(h). Where the subject-matter of a contract, supposed by both parties to exist, had ceased to exist BEFORE the contract was made:

    A The contract may still be specifically enforced under section 13 B The contract may be enforced with compensation under section 14 C The contract cannot be specifically enforced, under section 21(h) D The contract may be rectified under section 31
18. Question 18 of 230

    Under section 3, 'obligation' includes:

    A Every duty enforceable by law B Every duty arising out of contract only C Every duty arising out of a trust only D Every moral or legal duty
19. Question 19 of 230

    In an illustration to the Explanation to section 19, a purchaser sues for specific performance of a contract for the sale of a patent, and the patent expires before the hearing. The Court may:

    A Award compensation for non-performance and, if necessary, amend the plaint for that purpose B Only dismiss the suit as infructuous C Direct the vendor to obtain a fresh patent D Order rescission and return of the price only
20. Question 20 of 230

    The six-month period for a suit under section 9 is prescribed by:

    A Section 9 of the Specific Relief Act, 1877 itself, as it now stands B Article 142 of the First Schedule to the Limitation Act, 1908 C Article 3 of the First Schedule to the Limitation Act, 1908 D Section 3 of the Limitation Act, 1908
21. Question 21 of 230

    Under section 19, compensation awarded may be assessed:

    A Only in accordance with section 73 of the Contract Act, 1872 B In such manner as the Court may direct C Only by a commission appointed for the purpose D Only on the basis of the contract price
22. Question 22 of 230

    Under section 54, where the obligation arises from contract, the Court shall be guided by:

    A Chapter I of the Act B The Contract Act, 1872 alone C The rules and provisions contained in Chapter II of the Act D The Code of Civil Procedure, 1908
23. Question 23 of 230

    Under section 56(k), an injunction cannot be granted where the applicant:

    A Has an alternative remedy in damages B Has not been in possession for twelve years C Is not a party to the contract D Has no personal interest in the matter
24. Question 24 of 230

    The proviso to section 57 requires that the applicant:

    A Has not failed to perform the contract so far as it is binding on him B Has fully performed the whole contract C Has given the defendant notice of his intention to sue D Has offered compensation for the affirmative agreement
25. Question 25 of 230

    Under section 12(c), specific performance may be enforced when the act agreed to be done is such that:

    A Pecuniary compensation cannot be got at all B Pecuniary compensation for its non-performance would not afford adequate relief C Pecuniary compensation would be excessive D The parties have excluded compensation by agreement
26. Question 26 of 230

    In illustration (a) to section 25, A, without C's authority, contracts to sell B an estate A knows to belong to C. A cannot enforce the contract:

    A Unless C confirms it B Unless B has taken possession C Unless A subsequently acquires C's title D Even though C is willing to confirm it
27. Question 27 of 230

    Which section is the mirror image of section 12(c), barring specific performance where compensation in money is an adequate relief?

    A Section 21(b) B Section 24(a) C Section 56(f) D Section 21(a)
28. Question 28 of 230

    Under section 38, on adjudging the rescission of a contract, the Court may require:

    A The party against whom relief is granted to make compensation B Both parties to bear their own costs C The plaintiff to furnish security for costs D The party to whom such relief is granted to make any compensation to the other which justice may require
29. Question 29 of 230

    Under section 17, the Court shall not direct specific performance of part of a contract except in cases coming under:

    A Sections 12 and 13 B The three last preceding sections - sections 14, 15 and 16 C Sections 15 and 16 only D Sections 13, 14 and 15
30. Question 30 of 230

    Under section 57, where a contract comprises an affirmative agreement coupled with a negative agreement, express or implied, the Court's inability to compel specific performance of the affirmative agreement:

    A Bars any injunction on the negative agreement as well B Requires the plaintiff to elect between the two C Permits only damages for the negative agreement D Shall not preclude it from granting an injunction to perform the negative agreement
31. Question 31 of 230

    Section 24 sets out how many personal bars to specific performance?

    A Three - clauses (a) to (c) B Five - clauses (a) to (e) C Two - clauses (a) and (b) D Four - clauses (a) to (d)
32. Question 32 of 230

    Section 35 lists how many cases in which rescission of a contract may be adjudged?

    A Three - clauses (a) to (c) B Two - clauses (a) and (b) C Four - clauses (a) to (d) D Five - clauses (a) to (e)
33. Question 33 of 230

    In illustration (a) to section 15, A contracts to sell B 100 bighas but only 50 belong to A. The correct position is:

    A Both A and B may obtain specific performance with compensation B Neither party may obtain any relief C A may obtain a decree on paying compensation to B D A cannot obtain a decree against B, but B, on paying the agreed price and waiving all compensation, may obtain a decree for the 50 bighas
34. Question 34 of 230

    Under section 44, the appointment of a receiver pending a suit is:

    A A matter resting in the discretion of the Court B A matter of right where the property is in danger C Permissible only with the consent of both parties D Permissible only in suits relating to immoveable property
35. Question 35 of 230

    Under the Explanation to section 19, the circumstance that the contract has become incapable of specific performance:

    A Deprives the Court of jurisdiction under the section B Requires the plaintiff to file a fresh suit for damages C Converts the suit into one for rescission D Does not preclude the Court from exercising the jurisdiction to award compensation under the section
36. Question 36 of 230

    Section 13 provides that a contract is not wholly impossible of performance merely because:

    A A portion of its subject-matter, existing at its date, has ceased to exist at the time of performance B The subject-matter never existed at all C Performance has become commercially unprofitable D One party has become insolvent
37. Question 37 of 230

    Under section 28(b), the misrepresentation which bars enforcement against a party may be:

    A Wilful only B Wilful or innocent C Innocent only D Wilful, but only if it induced the contract
38. Question 38 of 230

    Under section 32, for the purpose of rectifying a contract in writing, the Court must be satisfied that all the parties intended to make:

    A A legally binding agreement B An equitable and conscientious agreement C An agreement in the form finally executed D A registered agreement
39. Question 39 of 230

    In an illustration to section 12(c), a contract to sell a certain number of railway-shares of a particular description is held specifically enforceable because:

    A Shares are always treated as immoveable property B The contract was in writing and registered C The seller had refused to accept compensation D The shares are limited in number and not always to be had in the market, and their possession carries the status of a shareholder
40. Question 40 of 230

    Under section 10, a person entitled to the possession of specific moveable property may recover it:

    A In the manner prescribed by the Code of Civil Procedure B By summary suit under section 9 C By an application to the Magistrate D Only by an action for damages
41. Question 41 of 230

    Which pair of sections in the Specific Relief Act, 1877 deals with possession of MOVEABLE property?

    A Sections 10 and 11 B Sections 8 and 9 C Sections 9 and 10 D Sections 11 and 12
42. Question 42 of 230

    Section 57 operates notwithstanding which clause of section 56?

    A Clause (a) B Clause (i) C Clause (f) D Clause (j)
43. Question 43 of 230

    Which of the following is NOT one of the modes of specific relief listed in section 5?

    A By taking possession of certain property and delivering it to a claimant B By awarding compensation for breach of an obligation C By determining and declaring the rights of parties otherwise than by an award of compensation D By appointing a receiver
44. Question 44 of 230

    Under section 21(e), a contract cannot be specifically enforced where it is made by trustees:

    A Without the sanction of the Court B Without the consent of all beneficiaries C Either in excess of their powers or in breach of their trust D Otherwise than by registered instrument
45. Question 45 of 230

    Under section 53, temporary injunctions are regulated by:

    A The Specific Relief Act, 1877 itself B Rules made by the High Court C The Code of Civil Procedure, 1908 (V of 1908) D The Punjab Civil Courts Ordinance, 1962
46. Question 46 of 230

    Under Explanation 1 to section 10, a trustee may sue for possession of property:

    A Only with the leave of the Court B To the beneficial interest in which the person for whom he is trustee is entitled C Only where the beneficiary joins as co-plaintiff D Only where the trust is express
47. Question 47 of 230

    Under section 27(e), specific performance may be enforced against a company in respect of a pre-incorporation contract made by its promoters, provided that:

    A The contract is warranted by the terms of the incorporation alone B The promoters remain directors C The contract has been registered D The company has ratified and adopted the contract and the contract is warranted by the terms of the incorporation
48. Question 48 of 230

    Under section 19, where specific performance ought to be granted but is not sufficient to satisfy the justice of the case, the Court:

    A Must choose between performance and compensation B May award compensation only if separately claimed by amendment C Shall award such compensation in addition to the decree for performance D Must refuse performance and award compensation alone
49. Question 49 of 230

    In illustration (d) to section 3, A, the mortgagee of certain leaseholds, renews the lease in his own name. A is:

    A Absolute owner of the renewed lease B A trustee only if the mortgagor repays the mortgage C A trustee of the renewed lease for those interested in the original lease D Entitled to the renewed lease subject to a charge for his expenses
50. Question 50 of 230

    Section 25 lists how many cases in which a contract cannot be specifically enforced in favour of a vendor or lessor?

    A Three - clauses (a) to (c) B Two - clauses (a) and (b) C Four - clauses (a) to (d) D Five - clauses (a) to (e)
51. Question 51 of 230

    Under section 27(b), specific performance may be enforced against a person claiming under a party by a title arising subsequently to the contract, EXCEPT:

    A A transferee for value, whether or not he had notice B A transferee for value who has paid his money in good faith and without notice of the original contract C A transferee under a registered instrument D A transferee who has taken possession
52. Question 52 of 230

    Under section 20, a contract otherwise proper to be specifically enforced may be so enforced:

    A Only if no sum is named for breach B Only if the sum named is inadequate C Though a sum is named in it as the amount to be paid in case of breach, and the party in default is willing to pay that sum D Only if the party in default refuses to pay the sum named
53. Question 53 of 230

    Section 18 deals with the purchaser's or lessee's rights against a vendor or lessor:

    A Who has died before completion B Who has become insolvent C Who has sold to a third party D With an imperfect title
54. Question 54 of 230

    Under section 12(a), specific performance may be enforced when the act agreed to be done is:

    A In the performance of a statutory duty B In the performance of a family settlement C In the performance of an award D In the performance, wholly or partly, of a trust
55. Question 55 of 230

    Under the proviso to section 28(c), where the contract provides for compensation in case of mistake:

    A The contract becomes void for mistake B Specific performance is barred altogether C Compensation may be made for a mistake within the scope of that provision, and the contract may be specifically enforced in other respects if proper to be so enforced D The Court must rescind the contract
56. Question 56 of 230

    In illustration (c) to section 57, A contracts to sing for twelve months at B's theatre and not to sing in public elsewhere. B:

    A May obtain specific performance of the contract to sing B Cannot obtain specific performance of the contract to sing, but is entitled to an injunction restraining A from singing elsewhere C Can obtain neither specific performance nor an injunction D May obtain an injunction only if A has begun to sing elsewhere
57. Question 57 of 230

    Under section 25(b), a vendor who entered into the contract believing he had a good title cannot enforce it where he cannot, at the time fixed for completion, give the purchaser:

    A A registered conveyance B A title free from reasonable doubt C Vacant possession of the property D An indemnity against defects in title
58. Question 58 of 230

    Section 12 of the Specific Relief Act, 1877 lists how many cases in which specific performance may be enforced?

    A Three - clauses (a) to (c) B Four - clauses (a) to (d) C Five - clauses (a) to (e) D Six - clauses (a) to (f)
59. Question 59 of 230

    Under section 15, the other party may obtain a decree for partial performance provided that he:

    A Pays the full contract price without deduction B Obtains the leave of the Court before filing suit C Relinquishes all claim to further performance and all right to compensation for the deficiency or for loss or damage sustained through the defendant's default D Establishes that the default was wilful
60. Question 60 of 230

    Section 54 lists how many cases in which a perpetual injunction may be granted where the defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property?

    A Three - clauses (a) to (c) B Four - clauses (a) to (d) C Six - clauses (a) to (f) D Five - clauses (a) to (e)
61. Question 61 of 230

    Under section 3, 'settlement' means any instrument whereby the destination or devolution of successive interests in property is disposed of, other than:

    A A deed of gift B A partition deed C A mortgage deed D A will or codicil as defined by the Succession Act, 1925
62. Question 62 of 230

    A suit under section 9 lies where a person is dispossessed of immoveable property:

    A Without his consent, whether or not in due course of law B By fraud or misrepresentation only C Without his consent and otherwise than in due course of law D By a trespasser having no colour of title
63. Question 63 of 230

    Section 26 lists how many cases in which the plaintiff cannot obtain performance except with the variation set up?

    A Three - clauses (a) to (c) B Five - clauses (a) to (e) C Four - clauses (a) to (d) D Six - clauses (a) to (f)
64. Question 64 of 230

    The Specific Relief Act, 1877 is which Act of 1877?

    A Act I of 1877 B Act IX of 1877 C Act IV of 1877 D Act X of 1877
65. Question 65 of 230

    Under section 24(c), specific performance cannot be enforced in favour of a person who:

    A Has previously sued and had his suit dismissed for default B Has delayed for more than three years C Has already chosen his remedy and obtained satisfaction for the alleged breach D Has failed to give notice of his readiness and willingness
66. Question 66 of 230

    Chapter II of the Specific Relief Act, 1877 - Of the Specific Performance of Contracts - comprises which sections?

    A Sections 8 to 30 B Sections 12 to 34 C Sections 12 to 30 D Sections 12 to 21
67. Question 67 of 230

    Under section 33, in rectifying a written instrument the Court may inquire what the instrument was intended to mean and what were intended to be its legal consequences, and:

    A Is confined to the language actually used B Must not consider extrinsic evidence C Is not confined to the inquiry what the language of the instrument was intended to be D May only correct clerical errors
68. Question 68 of 230

    Head III of section 22 - the case in which the Court may properly decree specific performance - is where the plaintiff has:

    A Done substantial acts or suffered losses in consequence of a contract capable of specific performance B Paid the whole of the purchase-money in advance C Given notice of his readiness and willingness D Been in possession of the property for over three years
69. Question 69 of 230

    Section 13 of the Specific Relief Act, 1877 operates notwithstanding which provision of the Contract Act, 1872?

    A Section 65 B Section 56 C Section 73 D Section 23
70. Question 70 of 230

    In an illustration to section 27(b), A contracts to sell land to B for Rs.5,000, B takes possession, and A afterwards sells to C for Rs.6,000, C making no inquiry of B. The result is:

    A B's possession is sufficient to affect C with notice of his interest, and B may enforce specific performance against C B C takes free of B's interest as a purchaser for value C B is confined to compensation against A D C is protected because he paid a higher price
71. Question 71 of 230

    Under section 19, a person suing for specific performance may also ask for compensation for breach:

    A Either in addition to, or in substitution for, such performance B Only in substitution for performance C Only in addition to performance D Only where the Court so permits at the first hearing
72. Question 72 of 230

    Under section 18(a), where the vendor or lessor subsequently to the sale or lease acquires any interest in the property, the purchaser or lessee may:

    A Rescind the contract and recover his deposit B Compel him to make good the contract out of such interest C Claim compensation only D Compel him to reconvey the property
73. Question 73 of 230

    Under section 4(b), the Act does not deprive any person of any right to relief, other than specific performance, which he may have:

    A Under any statute B Under the general law of torts C Under any contract D Under the Transfer of Property Act, 1882
74. Question 74 of 230

    Under section 12(d), specific performance may be enforced when it is probable that:

    A Pecuniary compensation would not be adequate B The defendant will become insolvent C Pecuniary compensation cannot be got for the non-performance of the act agreed to be done D The subject-matter will cease to exist
75. Question 75 of 230

    Under section 56(j), an injunction cannot be granted when the conduct of the applicant or his agents has been such as to:

    A Cause delay in the institution of the suit B Induce the defendant to act to his detriment C Disentitle him to the assistance of the Court D Amount to a waiver of the right claimed
76. Question 76 of 230

    Under section 18(d), where the vendor or lessor sues for specific performance and the suit is dismissed on the ground of his imperfect title, the defendant has a right to:

    A Damages for loss of bargain B Specific performance of so much as the vendor can convey C Rectification of the contract D A return of his deposit with interest, his costs of the suit, and a lien for such deposit, interest and costs on the vendor's interest in the property
77. Question 77 of 230

    Under the Explanation to section 12, unless the contrary is proved, the Court shall presume that the breach of a contract to transfer IMMOVEABLE property:

    A Can be adequately relieved by compensation in money B Is incapable of specific performance C Must be relieved by rescission D Cannot be adequately relieved by compensation in money
78. Question 78 of 230

    In illustration (a) to section 55, A obstructs by new buildings the access to light to which B has acquired a right under which enactment?

    A The Easements Act, 1882 B The Transfer of Property Act, 1882 C The Limitation Act, 1908 (IX of 1908), Part IV D The Registration Act, 1908
79. Question 79 of 230

    Under section 56(e), an injunction cannot be granted to stay proceedings in:

    A Any revenue matter B Any criminal matter C Any arbitration proceeding D Any insolvency proceeding
80. Question 80 of 230

    Under section 26(d), performance may be obtained only with the variation where:

    A The contract is ambiguous on its face B The contract omits a material term C One party has misunderstood the market value D The object of the parties was to produce a certain legal result which the contract as framed is not calculated to produce
81. Question 81 of 230

    The relationship between section 54 and section 56(f) is that:

    A Section 54 makes contractual injunctions subject to the Chapter II specific performance rules, and section 56(f) accordingly bars an injunction where the contract could not be specifically enforced B Section 54 overrides section 56(f) in all cases C Section 56(f) applies only to temporary injunctions D The two operate in wholly separate fields
82. Question 82 of 230

    Section 9 expressly provides that from any order or decree passed in a suit instituted under it:

    A No appeal shall lie, nor shall any review be allowed B An appeal lies but no review C A review lies but no appeal D Both appeal and review lie as of right
83. Question 83 of 230

    Section 5 of the Specific Relief Act, 1877 sets out how many modes in which specific relief is given?

    A Five B Three C Four D Six
84. Question 84 of 230

    At what stage of a suit may a temporary injunction be granted?

    A At any period of a suit B Only after issues have been framed C Only before the recording of evidence D Only at the first hearing
85. Question 85 of 230

    The Specific Relief Act, 1877 came into force on which date?

    A 7 February 1877 B 1 May 1877 C 1 January 1877 D 1 April 1877
86. Question 86 of 230

    Under section 54(a), a perpetual injunction may be granted where:

    A The plaintiff is trustee of the property for the defendant B The defendant is trustee of the property for the plaintiff C The property is held under a registered instrument D The plaintiff is in actual possession
87. Question 87 of 230

    Under section 39, where the instrument cancelled has been registered under the Registration Act, 1908, the Court shall:

    A Direct the party to apply for cancellation of the registration B Send a copy of its decree to the officer in whose office the instrument was registered, who shall note the cancellation on the copy in his books C Order the registration to be set aside by the Registrar D Declare the registration void ab initio
88. Question 88 of 230

    Under section 23(c), where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, specific performance may be obtained by:

    A Only the parties who executed it B Only the head of the family C Any person beneficially entitled thereunder D Only a person who has given consideration
89. Question 89 of 230

    Section 11 of the Specific Relief Act, 1877 applies to a person having possession or control of moveable property:

    A Of which he is the owner B Of which he is not the owner C Which he holds under a registered instrument D Which he holds as a pledgee only
90. Question 90 of 230

    Under section 8, a person entitled to the possession of specific immoveable property may recover it:

    A In the manner prescribed by the Code of Civil Procedure, 1908 B By summary application to the District Magistrate C Only by a suit under section 9 D By an application in execution proceedings
91. Question 91 of 230

    Under section 11(c), specific delivery may be compelled when:

    A It would be extremely difficult to ascertain the actual damage caused by the loss of the thing B The thing claimed is of great sentimental value only C The defendant has refused a written demand D The claimant has no other moveable property
92. Question 92 of 230

    Under section 52, preventive relief is granted at the discretion of the Court by injunction, which may be:

    A Temporary or perpetual B Temporary or mandatory C Interim or final D Prohibitory or declaratory
93. Question 93 of 230

    In the illustration to section 11(b), Z has possession of an idol belonging to A's family, of which A is the proper custodian. The result is that:

    A A is confined to a claim for damages B A must first establish ownership of the idol C Z may be compelled to deliver the idol to A D A may recover only if the idol has a market value
94. Question 94 of 230

    How many rights are conferred on the purchaser or lessee by section 18?

    A Four - clauses (a) to (d) B Three - clauses (a) to (c) C Five - clauses (a) to (e) D Two - clauses (a) and (b)
95. Question 95 of 230

    Which of the following pairs correctly matches a chapter of the Act with its subject?

    A Chapter III - Of the Rescission of Contracts B Chapter V - Of the Cancellation of Instruments C Chapter IV - Of the Rectification of Instruments D Chapter VI - Of the Appointment of Receivers
96. Question 96 of 230

    In illustration (e) to section 55, A threatens to publish statements about B which would be punishable under Chapter XXI of the Pakistan Penal Code, 1860. The Court may grant an injunction:

    A Only if injury to B's property is shown B Only after the publication has occurred C Only if criminal proceedings have been instituted D Even though the publication may be shown not to be injurious to B's property
97. Question 97 of 230

    In illustration (c) to head I of section 22, A conceals from B that an expensive embankment must be maintained to protect the land from floods. The result is:

    A Specific performance should be refused to B B The contract should be rescinded at B's instance C Specific performance of the contract should be refused to A D The contract should be enforced with compensation to B
98. Question 98 of 230

    In illustration (v) to section 54, A pirates B's copyright. B may obtain an injunction to restrain the piracy unless:

    A The work in which copyright is claimed is libellous or obscene B The work is unregistered C The piracy has caused no loss D The work was published abroad
99. Question 99 of 230

    Under section 54, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant:

    A Only where the obligation arises from a written contract B Whether expressly or by implication C Only where the obligation is express D Only where the obligation arises from a trust
100. Question 100 of 230

     Under the Explanation to section 42, a trustee of property is a 'person interested to deny' a title adverse to the title of:

     A Any beneficiary under the trust B The settlor of the trust C Someone who is not in existence and for whom, if in existence, he would be a trustee D A co-trustee
101. Question 101 of 230

     Under section 23(g), where a public company has entered into a contract and subsequently amalgamates with another public company, specific performance may be obtained by:

     A The shareholders of the original company B The new company which arises out of the amalgamation C Either of the amalgamating companies separately D The promoters of the new company
102. Question 102 of 230

     Under section 21(d), a contract cannot be specifically enforced where it is:

     A Voidable at the option of one party B In its nature revocable C Determinable on notice by the Court D Contingent on a future uncertain event
103. Question 103 of 230

     Section 21 of the Specific Relief Act, 1877 lists how many categories of contracts which cannot be specifically enforced?

     A Eight - clauses (a) to (h) B Six - clauses (a) to (f) C Seven - clauses (a) to (g) D Ten - clauses (a) to (j)
104. Question 104 of 230

     The highest-numbered section of the Specific Relief Act, 1877 is:

     A Section 51 B Section 57 C Section 44 D Section 54
105. Question 105 of 230

     Under section 56(g), an injunction cannot be granted to prevent, on the ground of nuisance, an act:

     A Which has already ceased B Which causes only pecuniary loss C Which is authorised by statute D Of which it is not reasonably clear that it will be a nuisance
106. Question 106 of 230

     In illustration (a) to head I of section 22, B, assignee of a life tenant's interest, contracts to sell to C, and the life tenant dies the day after the contract. Specific performance should be refused to B where:

     A Both B and C were equally ignorant of the injury B B knew of the mortal injury and C did not C Both B and C were equally aware of the injury D C knew of the injury and B did not
107. Question 107 of 230

     Under section 18(c), where the vendor professes to sell unincumbered property but has only a right to redeem a mortgage not exceeding the purchase-money, the purchaser may compel him to:

     A Reduce the price by the amount of the mortgage B Rescind the contract and return the deposit C Redeem the mortgage and obtain a conveyance from the mortgagee D Assign to him the right to redeem
108. Question 108 of 230

     Under section 14, a decree directing specific performance of so much of the contract as can be performed, with compensation for the deficiency, may be made:

     A At the suit of either party B Only at the suit of the party not in default C Only at the suit of the purchaser D Only with the consent of both parties
109. Question 109 of 230

     Under section 55, a mandatory injunction may be granted where, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which:

     A The defendant has expressly undertaken to perform B Are specified in a written contract C Can be performed within a fixed time D The Court is capable of enforcing
110. Question 110 of 230

     Under section 56(f), an injunction cannot be granted to prevent the breach of a contract:

     A Which is not in writing B Which is not registered C The performance of which would not be specifically enforced D Which contains a liquidated damages clause
111. Question 111 of 230

     Which two sections of the Specific Relief Act, 1877 are in identical terms, requiring the party granted relief to make compensation as justice requires?

     A Sections 35 and 39 B Sections 38 and 41 C Sections 37 and 40 D Sections 31 and 34
112. Question 112 of 230

     In illustration (e) to section 57, B fails to pay A the Rs.1,000 which was the consideration for A's promise not to set up a business within a specified distance. The result is:

     A A may be restrained, the covenant being independent B A may be restrained on B paying the money into Court C A may be restrained but is entitled to damages D A cannot be restrained from carrying on the business within the specified distance
113. Question 113 of 230

     In illustration (w) to section 54, A improperly uses B's trademark. B may obtain an injunction to restrain the use, provided that:

     A B's trademark is registered B B has suffered actual loss C B has given A notice to desist D B's own use of the trademark is honest
114. Question 114 of 230

     Section 2 of the Specific Relief Act, 1877 (Repeal of enactments) was repealed by:

     A The Amending Act, 1891 (XII of 1891) B The Repealing and Amending Act, 1937 C The Federal Laws (Revision and Declaration) Ordinance, 1981 D The Specific Relief (Amendment) Act, 2012
115. Question 115 of 230

     How many heads are set out in section 22 as cases in which the Court may properly exercise its discretion?

     A Two, both concerning refusal B Three - two in which relief may properly be refused, and one in which it may properly be decreed C Four, all concerning refusal D Three, all concerning refusal
116. Question 116 of 230

     Under section 56(i), an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding, EXCEPT:

     A In case of breach of contract B In case of breach of trust C In case of nuisance D In case of infringement of a trademark
117. Question 117 of 230

     Under Explanation 2 to section 10, what kind of right to present possession is sufficient to support a suit?

     A Only an absolute proprietary right B Only a right coupled with actual prior possession C A special or temporary right to the present possession of the property D Only a right evidenced by a registered document
118. Question 118 of 230

     Under section 31, an instrument may be rectified where, through fraud or a mutual mistake of the parties, it:

     A Is void for uncertainty B Does not truly express their intention C Has not been registered D Contains terms disadvantageous to one party
119. Question 119 of 230

     The presumptions in the Explanation to section 12 are:

     A Irrebuttable presumptions of law B Rebuttable - they apply unless and until the contrary is proved C Presumptions the Court may or may not draw at its discretion D Applicable only where the contract is in writing
120. Question 120 of 230

     Under the Act, an injunction to prevent the breach of an obligation is a PERPETUAL injunction under section 54, whereas an injunction that also compels performance of requisite acts is:

     A A temporary injunction under section 53 B A mandatory injunction under section 55 C Preventive relief under section 52 D An injunction to perform a negative agreement under section 57
121. Question 121 of 230

     Under section 21(g), a contract cannot be specifically enforced where its performance involves the performance of a continuous duty extending over a period longer than:

     A Three years from its date B One year from its date C Five years from its date D Seven years from its date
122. Question 122 of 230

     Under section 51 of the Punjab Tenancy Act, 1887, a tenant dispossessed of a tenancy:

     A May recover possession under section 9 within one year B May recover possession under section 9 only with the Collector's sanction C May recover possession under section 9 only if the landlord consents D Cannot recover possession under section 9 of the Specific Relief Act, 1877
123. Question 123 of 230

     A contract to render personal service is not specifically enforceable because it falls under which clause of section 21?

     A Clause (a) B Clause (c) C Clause (d) D Clause (b)
124. Question 124 of 230

     Section 14 applies where the part of a contract which must be left unperformed:

     A Forms a considerable portion of the whole B Stands on a separate and independent footing C Cannot be valued at all D Bears only a small proportion to the whole in value and admits of compensation in money
125. Question 125 of 230

     In the illustration to section 12(c), A contracts with B to sell him a house for Rs.1,000. B is entitled to:

     A Compensation only, the house being of modest value B A decree of rescission C A decree directing A to convey the house to him, he paying the purchase-money D A declaration of his right to the house
126. Question 126 of 230

     Section 27A applies to contracts to lease executed after:

     A 1 May 1877 B 1 April 1929 C 1 April 1930 D 1 July 1940
127. Question 127 of 230

     Following the 18th Amendment devolution, the Specific Relief Act, 1877 was adopted for the province of Punjab, with amendments, by:

     A The Punjab Civil Laws (Adaptation) Ordinance, 2011 B The Specific Relief (Amendment) Ordinance, 1983 C The Specific Relief (Amendment) Act, 2012 (VI of 2012) D The Federal Laws (Revision and Declaration) Ordinance, 1981
128. Question 128 of 230

     Which section of the Act provides that the dismissal of a suit for specific performance bars a subsequent suit for compensation for the same breach?

     A Section 29 B Section 19 C Section 24(c) D Section 30
129. Question 129 of 230

     Under section 25(c), a vendor cannot specifically enforce a contract of sale where, previous to entering into it, he has made:

     A A mortgage of the subject-matter B An agreement to sell to another person C A settlement of the subject-matter, though not founded on any valuable consideration D A lease of the subject-matter
130. Question 130 of 230

     Under section 27(c), specific performance may be enforced against any person claiming under a title which:

     A Is subsequent to the contract and unknown to the plaintiff B Arises under a registered instrument C Though prior to the contract and known to the plaintiff, might have been displaced by the defendant D Is derived from the Government
131. Question 131 of 230

     Under section 21(b), a contract cannot be specifically enforced where it runs into such minute or numerous details, or is so dependent on the personal qualifications or volition of the parties, that:

     A The contract is void for uncertainty B The contract is terminable at will C The Court cannot enforce specific performance of its material terms D Compensation would be excessive
132. Question 132 of 230

     Does section 9 bar the dispossessed person from suing on title?

     A Yes - section 9 is the exclusive remedy once dispossession occurs B No - section 9 expressly preserves the right to sue to establish title and recover possession C Yes, unless the Court grants leave D Only where the section 9 suit has been dismissed
133. Question 133 of 230

     Under the proviso to section 42, no Court shall make a declaration where the plaintiff:

     A Being able to seek further relief than a mere declaration of title, omits to do so B Has not established actual possession C Has an alternative remedy by way of suit for possession only D Seeks a declaration against the Government
134. Question 134 of 230

     In illustration (c) to section 56, A's 'Mexican Balm' is shown to consist of nothing but scented hog's lard. The effect on A's suit to restrain B's imitation is that:

     A A may obtain an injunction since B's conduct is deceptive B A's use of his description is not honest and he cannot obtain an injunction C A may obtain an injunction limited to the name only D A may obtain damages but not an injunction
135. Question 135 of 230

     Under section 23(d), where a contract has been entered into by a tenant for life in due exercise of a power, specific performance may be obtained by:

     A The reversioner in possession only B The trustees of the settlement C The tenant for life's legal representative only D The remainderman
136. Question 136 of 230

     In illustration (b) to section 56, A designates his crucibles as 'patent plumbago crucibles' though they were never patented, and B pirates the designation. A:

     A Cannot obtain an injunction to restrain the piracy B May obtain an injunction on proof of loss C May obtain an injunction if he applies for a patent D May obtain damages but not an injunction
137. Question 137 of 230

     In illustration (a) to section 39, A fraudulently represents a ship to be seaworthy and induces B, an underwriter, to insure her. B may obtain:

     A Rescission of the contract of insurance only B A declaration that the policy is void C The cancellation of the policy D Damages for deceit only
138. Question 138 of 230

     Under section 24(a), specific performance cannot be enforced in favour of a person:

     A Who could not recover compensation for the breach of the contract B Who has not paid any part of the consideration C Who is not a party to the contract D Whose title is imperfect
139. Question 139 of 230

     The period of limitation for a suit under section 9 of the Specific Relief Act, 1877 is:

     A One year from the date of dispossession B Six months from the date of dispossession C Three years from the date of dispossession D Six months from the date of knowledge of dispossession
140. Question 140 of 230

     Under section 24(d), specific performance cannot be enforced in favour of a person who, previously to the contract, had notice that a settlement of the subject-matter:

     A Had been proposed but not executed B Had been made for valuable consideration only C Had been registered under the Registration Act, 1908 D Had been made and was then in force, though not founded on any valuable consideration
141. Question 141 of 230

     Under section 24(b), specific performance cannot be enforced in favour of a person who has become incapable of performing, or violates:

     A Any term of the contract, whether essential or not B Any essential term of the contract that on his part remains to be performed C Any collateral undertaking given to the Court D Any statutory duty relating to the property
142. Question 142 of 230

     Under section 21(f), a contract made by or on behalf of a corporation or public company created for special purposes, or by its promoters, cannot be specifically enforced where it is:

     A Not ratified by the shareholders B Made before incorporation C Not recorded in the minutes of the company D In excess of its powers
143. Question 143 of 230

     Under section 3, 'trust' includes:

     A Express trusts created by registered instrument only B Every species of express, implied or constructive fiduciary ownership C Express and implied trusts, but not constructive trusts D Only trusts governed by the Trusts Act, 1882
144. Question 144 of 230

     Under section 41, on adjudging the cancellation of an instrument, the Court may require:

     A The party to whom such relief is granted to make any compensation to the other which justice may require B The party against whom relief is granted to make compensation C The party seeking cancellation to furnish security D Both parties to restore all benefits received
145. Question 145 of 230

     The Schedule to the Specific Relief Act, 1877 has been:

     A Retained and lists enactments amended B Repealed C Retained and lists the forms of plaint D Replaced by a new Schedule in 2012
146. Question 146 of 230

     Under section 37, a plaintiff suing for specific performance of a contract in writing may pray in the alternative that, if it cannot be specifically enforced:

     A Compensation be awarded in lieu B The instrument be rectified C It may be rescinded and delivered up to be cancelled D A receiver be appointed
147. Question 147 of 230

     Sections 45 to 51 of the Specific Relief Act, 1877 were omitted by:

     A The Specific Relief (Amendment) Ordinance, 1983 (XXII of 1983) B The Specific Relief (Amendment) Act, 2012 (VI of 2012) C The Repealing and Amending Act, 1891 (XII of 1891) D The Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981)
148. Question 148 of 230

     In illustration (f) to section 54, a trustee is about to make an imprudent sale of a small part of the trust-property. The beneficiary may sue for an injunction:

     A Only if compensation would not be adequate B Even though compensation in money would have afforded him adequate relief C Only with the leave of the Court D Only if the co-trustees join in the suit
149. Question 149 of 230

     Under section 42, a suit for a declaratory decree may be brought by any person entitled to:

     A Any right arising under a contract B Any right of possession only C Any legal character, or to any right as to any property D Any right recognised by custom
150. Question 150 of 230

     Under section 26(e), performance may be obtained only with the variation where the parties have:

     A Orally agreed before execution to vary it B Disputed the meaning of a term C Subsequently to the execution of the contract, contracted to vary it D Failed to register the contract
151. Question 151 of 230

     Under section 19, if the Court decides that specific performance ought NOT to be granted, but that there is a contract broken by the defendant and the plaintiff is entitled to compensation, the Court:

     A May in its discretion award compensation B Shall award him compensation accordingly C Must dismiss the suit and leave him to a fresh action D Shall award compensation only if the plaintiff amends the plaint
152. Question 152 of 230

     Which section of the Specific Relief Act, 1877 declares that the Act's provisions on contracts apply mutatis mutandis to awards?

     A Section 20 B Section 29 C Section 30 D Section 34
153. Question 153 of 230

     Under section 44, the mode and effect of a receiver's appointment, and his rights, powers, duties and liabilities, are regulated by:

     A The Specific Relief Act, 1877 itself B The Code of Civil Procedure, 1908 C Rules made by the High Court D The Trusts Act, 1882
154. Question 154 of 230

     The preamble to the Specific Relief Act, 1877 describes it as an Act to define and amend the law relating to certain kinds of specific relief:

     A Obtainable in civil and criminal proceedings B Available only against the Government C Available in execution proceedings D Obtainable in civil suits
155. Question 155 of 230

     Part III of the Specific Relief Act, 1877 is headed:

     A Of Specific Relief B Of Injunctions C Of Declaratory Decrees D Of Preventive Relief
156. Question 156 of 230

     Under section 31, the Court may rectify the instrument so as to express the true intention, so far as this can be done:

     A Without altering the consideration stated in the instrument B Without affecting any registered instrument C Only with the consent of both parties D Without prejudice to rights acquired by third persons in good faith and for value
157. Question 157 of 230

     Under section 36, rescission of a contract cannot be adjudged for mere mistake unless:

     A The mistake was mutual B The party against whom it is adjudged can be restored to substantially the same position as if the contract had not been made C The mistake was as to a matter of fact essential to the agreement D The contract is in writing
158. Question 158 of 230

     A suit for rescission under section 35 may be brought by:

     A Only a party to the contract B Any person interested in the contract C Only the party who has performed his part D Any person claiming title to the subject-matter
159. Question 159 of 230

     Under illustration (b) to section 3, where a legal, medical or spiritual adviser gains a pecuniary advantage by availing himself of his situation as adviser, he is:

     A Entitled to retain it if he acted in good faith B Liable only for breach of contract C Liable only if the client suffered loss D A trustee of that advantage for his client
160. Question 160 of 230

     Under section 23(h), where promoters of a public company have before incorporation entered into a contract for the company's purposes, the company may obtain specific performance if:

     A The promoters remain directors of the company B The contract has been registered C The contract is warranted by the terms of the incorporation D The other party consents after incorporation
161. Question 161 of 230

     Under section 43, a declaration made under Chapter VI is binding only on:

     A All persons having notice of the decree B All persons claiming any interest in the property C The parties and the Government D The parties to the suit, persons claiming through them, and, where any party is a trustee, the persons for whom he would be trustee
162. Question 162 of 230

     Under the proviso to section 23(b), the representative in interest or principal of a party is NOT entitled to specific performance where:

     A The learning, skill, solvency or any personal quality of that party is a material ingredient in the contract, or the contract provides that his interest shall not be assigned B The party has died before the suit C The contract is for the sale of immoveable property D The representative has not obtained letters of administration
163. Question 163 of 230

     Under section 42, the defendant to a declaratory suit is a person:

     A In possession of the property in dispute B Claiming an adverse title by registered instrument C Who has caused the plaintiff actual loss D Denying, or interested to deny, the plaintiff's title to such character or right
164. Question 164 of 230

     Under section 5(e), one of the modes of granting specific relief is:

     A By granting a decree for damages B By ordering rectification of an instrument C By ordering the arrest of the defendant D By appointing a receiver
165. Question 165 of 230

     Under section 11(d), specific delivery may be compelled when the possession of the thing claimed:

     A Has been lawfully transferred but not paid for B Has been wrongfully transferred from the claimant C Has been retained after a demand D Has been transferred to a third party for value
166. Question 166 of 230

     Section 28 lists how many cases in which specific performance cannot be enforced against a party?

     A Two - clauses (a) and (b) B Four - clauses (a) to (d) C Five - clauses (a) to (e) D Three - clauses (a) to (c)
167. Question 167 of 230

     The proviso to section 27A protects:

     A The lessor's mortgagee in every case B A transferee for consideration who has no notice of the contract or of the part performance thereof C Any subsequent registered transferee D The Government
168. Question 168 of 230

     In illustration (e) to section 10, A, a warehouse-keeper charged with the delivery of certain goods to Z, has them taken out of his possession by B. May A sue B for the goods?

     A Yes - A may sue B for the goods B No - only Z may sue, being the person entitled to delivery C No - a warehouse-keeper has no possessory right D Only if Z authorises the suit in writing
169. Question 169 of 230

     Both section 24(d) and section 25(c) concern a settlement not founded on valuable consideration. The difference between them is that:

     A Section 24(d) applies to vendors and section 25(c) to purchasers B Section 24(d) applies to moveable and section 25(c) to immoveable property C Section 24(d) is discretionary and section 25(c) mandatory D Section 24(d) bars relief to a plaintiff who had notice of a prior settlement, while section 25(c) bars relief to a vendor or lessor who himself made the settlement
170. Question 170 of 230

     Under the Explanation to section 12, the presumption regarding the breach of a contract to transfer MOVEABLE property is that:

     A It can be adequately relieved by compensation in money B It cannot be adequately relieved by compensation in money C It can never be specifically enforced D No presumption arises either way
171. Question 171 of 230

     Which section of the Act declares that specific relief cannot be granted merely to enforce a penal law?

     A Section 4 B Section 7 C Section 5 D Section 6
172. Question 172 of 230

     Under the Explanation to section 54, for the purposes of that section:

     A Goodwill is property B A patent is property C A trademark is property D A trade secret is property
173. Question 173 of 230

     Under the closing words of section 21, a contract to refer present or future differences to arbitration:

     A Shall be specifically enforced like any other contract B Shall be specifically enforced only if the arbitrator is named C Shall not be specifically enforced, save as provided by the Arbitration Act, 1940 D Shall be void and unenforceable for all purposes
174. Question 174 of 230

     Under section 29, the dismissal of a suit for specific performance of a contract or part thereof:

     A Leaves the plaintiff free to sue for compensation B Bars only a suit for further specific performance C Bars a fresh suit only if the dismissal was on the merits stated in the decree D Bars the plaintiff's right to sue for compensation for the breach of such contract or part
175. Question 175 of 230

     Under section 9, no suit may be brought against:

     A A statutory corporation B A local authority C A person holding under a registered title D The Federal Government or any Provincial Government
176. Question 176 of 230

     Section 15 applies where the part left unperformed forms a considerable portion of the whole, or does not admit of compensation in money. In that case the party unable to perform:

     A May obtain a decree with compensation for the deficiency B Is not entitled to obtain a decree for specific performance C May obtain a decree if he pays compensation D May obtain a decree at the discretion of the Court
177. Question 177 of 230

     Under section 11(a), specific delivery may be compelled when the thing claimed is held by the defendant:

     A As a bailee for reward B Under a contract of pledge C As a finder of goods D As the agent or trustee of the claimant
178. Question 178 of 230

     Which two remedies under the Act are expressly made subject to a requirement that the party granted relief do equity by making compensation?

     A Rectification under section 32 and rescission under section 38 B Specific performance under section 19 and cancellation under section 41 C Declaration under section 42 and rescission under section 38 D Rescission under section 38 and cancellation under section 41
179. Question 179 of 230

     Under section 39, a suit for cancellation may be brought by a person against whom a written instrument is void or voidable, who has:

     A Reasonable apprehension that such instrument, if left outstanding, may cause him serious injury B Suffered actual loss by reason of the instrument C Been dispossessed under the instrument D Notice of the instrument within the last six months
180. Question 180 of 230

     Sections 14, 15 and 16 permit partial specific performance in three different situations. Which section applies where the unperformed part stands on a separate and independent footing?

     A Section 16 B Section 14 C Section 15 D Section 17
181. Question 181 of 230

     Under section 27A(a), where specific performance is claimed by the LESSOR, he must have:

     A Taken possession of the property himself B Received the whole of the rent in advance C Tendered a registered lease deed D Delivered possession of the property to the lessee in part performance of the contract
182. Question 182 of 230

     Under section 9, a suit may be brought by the person dispossessed or by:

     A Any person interested in the property B Any co-owner of the property C The Government on his behalf D Any person claiming through him
183. Question 183 of 230

     Under section 12(b), specific performance may be enforced when:

     A There exists no standard for ascertaining the actual damage caused by non-performance B The damage caused by non-performance is very large C The contract is one for the sale of land D The plaintiff has already performed his part
184. Question 184 of 230

     How many cases are listed in section 11 in which a person may be compelled specifically to deliver moveable property?

     A Three - clauses (a) to (c) B Five - clauses (a) to (e) C Four - clauses (a) to (d) D Two - clauses (a) and (b)
185. Question 185 of 230

     Under section 56(h), an injunction cannot be granted to prevent a continuing breach in which:

     A The applicant has acquiesced B The applicant has suffered no loss C The defendant has invested substantial sums D The breach has continued for more than three years
186. Question 186 of 230

     In illustration (b) to section 55, A builds a house with eaves projecting over B's land. B may sue for an injunction:

     A To restrain further building only B To pull down so much of the eaves as so project C To recover damages for trespass only D To compel A to purchase the affected strip
187. Question 187 of 230

     Under section 21(a), a contract cannot be specifically enforced where:

     A Compensation in money cannot be ascertained B Compensation in money is an adequate relief for its non-performance C The contract is oral D The contract is not registered
188. Question 188 of 230

     Under section 7 of the Specific Relief Act, 1877, specific relief cannot be granted:

     A Against the Government in any circumstances B For the mere purpose of enforcing a penal law C Where compensation in money is available D Where the contract is not in writing
189. Question 189 of 230

     Under section 53, a perpetual injunction can only be granted by:

     A An interlocutory order at any stage of the suit B An order made after decree in execution C A separate suit brought for that purpose D The decree made at the hearing and upon the merits of the suit
190. Question 190 of 230

     Which sections of the Act deal respectively with RECTIFICATION, RESCISSION and CANCELLATION?

     A Sections 35-38, sections 31-34 and sections 39-41 B Sections 31-34, sections 39-41 and sections 35-38 C Sections 31-34, sections 35-38 and sections 39-41 D Sections 29-33, sections 34-37 and sections 38-41
191. Question 191 of 230

     In illustration (g) to section 3, A buys certain land with notice that B has already contracted to buy it. A is:

     A Under no obligation to B, having purchased for value B A trustee for B, within the meaning of the Act, of the land so bought C A trustee only if he paid less than market value D Liable only to compensate B in money
192. Question 192 of 230

     Section 23 lists how many classes of persons who may obtain specific performance?

     A Five - clauses (a) to (e) B Six - clauses (a) to (f) C Ten - clauses (a) to (j) D Eight - clauses (a) to (h)
193. Question 193 of 230

     How many savings are set out in section 4 of the Specific Relief Act, 1877?

     A Three - clauses (a) to (c) B Two - clauses (a) and (b) C Four - clauses (a) to (d) D Five - clauses (a) to (e)
194. Question 194 of 230

     Under section 12, the specific performance of a contract may be enforced:

     A As of right, once breach is proved B Only where the contract is registered C In the discretion of the Court D Only where compensation has first been refused
195. Question 195 of 230

     In the illustration to section 20, A contracts to grant B an under-lease and to apply to C for the necessary licence, failing which A will pay B Rs.10,000. A refuses to apply and offers to pay. B is:

     A Confined to the Rs.10,000 named in the contract B Entitled only to compensation assessed by the Court C Entitled to rescission and return of any deposit D Nevertheless entitled to have the contract specifically enforced if C consents to give the licence
196. Question 196 of 230

     Under section 3, 'trustee' includes every person holding a fiduciary character:

     A Only under a written instrument of trust B Only where appointed by a Court C Expressly, by implication, or constructively D Only where he has accepted the trust in writing
197. Question 197 of 230

     Under section 42, a plaintiff seeking a declaration:

     A Must always ask for consequential relief B Need not ask for any further relief, subject to the proviso C Must ask for possession where the property is immoveable D Must join all persons interested in the property
198. Question 198 of 230

     Rectification under section 31 requires the Court to find it clearly proved that:

     A There has been fraud or mistake in framing the instrument, and to ascertain the real intention of the parties in executing it B The instrument is void at law C The instrument was executed under undue influence D The parties have agreed on the rectified terms
199. Question 199 of 230

     Under section 23(f), a reversioner in remainder may obtain specific performance of a covenant entered into with his predecessor in title where he is entitled to its benefit and:

     A Will sustain material injury by reason of its breach B The covenant is registered C The covenant runs with the land D He is in actual possession
200. Question 200 of 230

     In illustration (d) to section 57, B contracts to serve A faithfully for twelve months as a clerk. A is:

     A Entitled to specific performance of the contract of service B Entitled to neither specific performance nor an injunction C Not entitled to specific performance, but is entitled to an injunction restraining B from serving a rival house as clerk D Entitled only to compensation for breach
201. Question 201 of 230

     Under section 5(b), specific relief is given by:

     A Ordering a party to pay damages in lieu of performance B Ordering a party to deliver up an instrument for cancellation C Ordering a party to do the very act which he is under an obligation to do D Ordering a party to account for profits
202. Question 202 of 230

     A mandatory injunction under section 55 may be granted to prevent the breach complained of:

     A And also to compel performance of the requisite acts B But not to compel any positive act C Only where damages are also awarded D Only in a suit for specific performance
203. Question 203 of 230

     Under section 28(a), specific performance cannot be enforced against a party where the consideration to be received by him is so grossly inadequate, with reference to the state of things at the date of the contract, as to be:

     A Either by itself or coupled with other circumstances evidence of fraud or of undue advantage taken by the plaintiff B Sufficient ground for rescission in every case C Proof that the contract is void D Evidence of want of consideration
204. Question 204 of 230

     Section 27 lists how many classes of persons against whom specific performance may be enforced?

     A Five - clauses (a) to (e) B Three - clauses (a) to (c) C Four - clauses (a) to (d) D Eight - clauses (a) to (h)
205. Question 205 of 230

     A suit for rectification under section 31 may be instituted by:

     A Only the party prejudiced by the error B Only the party who drafted the instrument C Either party, or his representative in interest D Any person interested in the property
206. Question 206 of 230

     The policy underlying section 9 of the Specific Relief Act, 1877 is:

     A To provide a cheap alternative to a title suit B To protect registered owners against trespassers C To discourage persons from taking the law into their own hands, however good their title may be D To give the Government a summary remedy for encroachment
207. Question 207 of 230

     Under section 21(h), a contract cannot be specifically enforced where a material part of the subject-matter, supposed by both parties to exist, had ceased to exist:

     A After the contract was made but before performance B Before the contract was made C At any time before the decree D By reason of the default of either party
208. Question 208 of 230

     Chapter I of Part II of the Specific Relief Act, 1877 is headed:

     A Of the Specific Performance of Contracts B Of Preventive Relief C Of Declaratory Decrees D Of Recovering Possession of Property
209. Question 209 of 230

     Under section 4(c), the Specific Relief Act, 1877 does not affect the operation of which enactment on documents?

     A The Stamp Act, 1899 B The Transfer of Property Act, 1882 C The Qanun-e-Shahadat Order, 1984 D The Registration Act, 1908
210. Question 210 of 230

     In illustration (z) to section 54, B, an assistant to whom A imparted a secret process, threatens to disclose it to a rival unless A pays him money. A may:

     A Sue only for damages for breach of confidence B Sue only after the disclosure has occurred C Sue for an injunction to restrain B from disclosing the process D Obtain a declaration that the process belongs to him
211. Question 211 of 230

     Under section 40, where an instrument is evidence of different rights or different obligations, the Court may:

     A Cancel it in whole only B Rectify it instead of cancelling it C Direct the parties to execute a fresh instrument D Cancel it in part and allow it to stand for the residue
212. Question 212 of 230

     The essential difference between section 8 and section 9 of the Specific Relief Act, 1877 is that:

     A Section 8 relates to moveable property and section 9 to immoveable property B Section 8 is a suit based on title, whereas section 9 is a summary possessory remedy in which title is irrelevant C Section 8 applies only against the Government and section 9 only against private persons D Section 8 is discretionary while section 9 is a matter of right in both cases
213. Question 213 of 230

     Section 16 permits the Court to direct specific performance of a part of a contract which:

     A Stands on a separate and independent footing from another part which cannot or ought not to be specifically performed B Is small in proportion to the whole C Forms a considerable portion of the whole D Has already been partly performed
214. Question 214 of 230

     Under section 22, the jurisdiction to decree specific performance is:

     A Discretionary, but the discretion is not arbitrary - it must be sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal B Discretionary and unfettered C Mandatory once the contract and breach are proved D Discretionary but not subject to appeal
215. Question 215 of 230

     Head I of section 22 concerns circumstances under which the contract is made which:

     A Amount to fraud or misrepresentation by the plaintiff B Render the contract voidable at the defendant's option C Give the plaintiff an unfair advantage over the defendant, though there may be no fraud or misrepresentation on the plaintiff's part D Make the consideration grossly inadequate
216. Question 216 of 230

     Which section of the Specific Relief Act, 1877 bars partial specific performance in cases other than those expressly provided for?

     A Section 16 B Section 15 C Section 17 D Section 21
217. Question 217 of 230

     Under the closing words of section 3, words used in the Specific Relief Act, 1877 which are defined in the Contract Act, 1872:

     A Are deemed to have the meanings assigned to them by that Act B Are to be construed independently of that Act C Bear their ordinary dictionary meaning D Bear the meanings given in the Transfer of Property Act, 1882
218. Question 218 of 230

     Under section 35, where a purchaser or lessee is in wrongful possession of the subject-matter, the Court may also order him to pay to the vendor or lessor:

     A The rents and profits, if any, received by him as such possessor B Mesne profits assessed at market rates C Interest on the purchase-money D Compensation for use and occupation fixed by the Court
219. Question 219 of 230

     Chapter VIII of the Specific Relief Act, 1877, formerly headed 'Of the Enforcement of Public Duties', comprised sections 45 to 51. Those sections are now:

     A In force but rarely used B Replaced by new sections 45 to 51 C Omitted D Applicable only to the Federal Government
220. Question 220 of 230

     Section 26 deals with the case where a plaintiff seeks specific performance of a contract in writing and the defendant sets up:

     A A variation B A total denial of the contract C Fraud in its execution D Want of consideration
221. Question 221 of 230

     Section 27A applies notwithstanding that the contract to lease, though required to be registered:

     A Has not been stamped B Has not been attested C Has not been registered D Has not been acted upon
222. Question 222 of 230

     Under section 30, the provisions of Chapter II as to contracts apply, mutatis mutandis, to:

     A Awards and to directions in a will or codicil to execute a particular settlement B Statutory obligations and public duties C Trusts and fiduciary relationships D Decrees of foreign Courts
223. Question 223 of 230

     Under section 4(a), nothing in the Specific Relief Act, 1877 gives any right to relief in respect of:

     A Any contract not reduced to writing B Any agreement which is not a contract C Any unregistered contract D Any contract to which the Government is a party
224. Question 224 of 230

     The date borne by the Specific Relief Act, 1877 is:

     A 1 May 1877 B 1 April 1930 C 7 February 1877 D 21 March 1891
225. Question 225 of 230

     How many expressions are defined in the interpretation-clause, section 3, of the Specific Relief Act, 1877?

     A Three - obligation, trust and trustee B Five - obligation, trust, trustee, settlement and instrument C Two - trust and trustee D Four - obligation, trust, trustee and settlement
226. Question 226 of 230

     Section 27A of the Specific Relief Act, 1877 deals with specific performance in case of part performance of a contract to:

     A Sell immoveable property B Lease immoveable property C Sell moveable property D Mortgage immoveable property
227. Question 227 of 230

     In a suit under section 9, the defendant's title:

     A Cannot defeat the suit, since possession is recoverable notwithstanding any other title set up B Is a complete defence if proved C May be gone into at the discretion of the Court D Must be decided before possession is ordered
228. Question 228 of 230

     Under section 6, specific relief granted under which clause of section 5 is called preventive relief?

     A Clause (c) B Clause (a) C Clause (b) D Clause (d)
229. Question 229 of 230

     Under section 35(c), rescission may be adjudged where a decree for specific performance of a contract of sale or to take a lease has been made and:

     A The vendor refuses to execute the conveyance B The property has been attached in execution C The purchaser has been dispossessed D The purchaser or lessee makes default in payment of the purchase-money or other sums ordered by the Court
230. Question 230 of 230

     The Specific Relief Act, 1877 is divided into how many Parts?

     A Three B Two C Four D Five

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