THE SPECIFIC RELIEF ACT, 1963

Multiple choice questions of Subject Judiciary Topic THE SPECIFIC RELIEF ACT, 1963 ( THE SPECIFIC RELIEF ACT, 1963 with Answers Quiz ) for Entrances (Entrance Exam) Conducted by different Central and State Universities are given below.

Specific Relief Act 1963 | Section 34 of Specific Relief Act MCQs

1. Specific Relief under the Specific Relief Act can be granted only for enforcing individual

(a) Civil right

(b) Political right

(d) Criminal wrong

Ans. a

2. A suit for possession of an immovable property under Section 6 of the Specific Relief Act can be filed within

(a) 3 years of dispossession

(b) 5 years of dispossession

(d) 6 months of dispossession

Ans. d

3. A suit for recovery of possession under Section 6 of the Specific Relief Act can be filed against

(a) Government

(b) a private individual only

(d) none of the above

Ans. b

4. In a suit for recovery of possession under Section 6 of the Specific Relief Act

(a) title of the defendant is relevant

(b) title of the plaintiff is relevant

(d) none of the above

Ans. d

5. A suit for recovery of possession under Section 5 of the Act can be within

(a) 6 months

(b) 2 years

(d) 12 years

Ans. d

6. In a suit for possession the question of title is

(a) irrelevant

(b) relevant

(d) none of the above

Ans. a

7. The object of Section 6 of the Specific Relief Act, 1963 is to

(a) discourage people from taking law into their own hands

(b) to encourage people to dispossess a person

(d) none of the above

Ans. a

8. Section 8 of the Specific Relief Act can be invoked of immovable

(a) against a person who is in possession and in control movable property

(b) against a person who is owner of the immovable property

(d) none of the above

Ans. a

9. Choose the correct answer Section 8 can be invoked:

(i) when the claim is held by the defendant as the agent or trustee of the plaintiff;

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

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

(iv) when the possession of the thing claimed has been wrongfully transferred from the plaintiff.

(a) (i) & (ii)

(b) (ii), (iii) & (iv)

(d) none of the above

Ans. c

10. Under Section 10 of the Specific Relief Act, specific performance can be granted

(a) if the contract is concluded

(b) if the contract is not concluded

(d) all of the above.

Ans. a

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11. Under Section 10 of the Specific Relief Act, specific performance can be granted

(a) if there exists no standard for ascertaining the actual damage caused

(b) when compensation and money would not afford adequate relief.

(d) none of the above.

Ans. c

12. Preventive relief Under Section 36 of the Specific granted by

(a) Injunction

(b) declaration

(d) either (a) or (b)

Ans. a

13. Section 36 of the Specific Relief Act classifies injunction into 1. Temporary 2. perpetual 3. mandatory

(a) 1 & 2

(b) 1 & 3

(d) none of the above

Ans. a

14. Under Section 37 of the Specific Relief Act, a temporary injunction be granted

(a) at any stage of a suit

(b) before settlement of issues

(d) before conclusion of plaintiffs evidence

Ans. a

15. Grant of temporary injunction under Section 37 of the Act is regular by

(a) Code of Civil Procedure

(b) Indian Contract Act, 1872

(d) none of the above.

Ans. a

16. A perpetual injunction under Section 37 of the Specific Relief Act can granted by way of

(a) an order

(b) a decree

(d) none of the above.

Ans. a

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

(a) Section 32 of the Specific Relief Act, 1963

(b) Section 37 of the Specific Relief Act, 1963

(d) Section 39 of the Specific Relief Act, 1963

Ans. c

18. A perpetual injunction can be granted in a case of

(a) torts

(b) contracts

(d) None

Ans. c

19. A mandatory injunction in its nature is

(a) restitutory

(b) prohibitory

(d) neither (a) nor (b)

Ans. c

20. In a suit for injunction under Section 40 of the Specific Relief Act damages

(a) cannot be awarded

(b) can be awarded in addition to the injunction

(d) can be awarded either in addition to or in substitution for the injunction

Ans. c

21. In a suit for injunction, under section 40 of the Specific Relief Act, 1963 damages can be awarded

(a) if the plaintiff has claimed the same in the plaint

(b) where the plaintiff has not claimed the same in the plaint

(d) either b or (c)

Ans. a

22. Dismissal of the Suit of the plaintiff for injunction under Section 40 of the Act

(a) does not bar the plaintiff to sue for damages for the breach for which the injunction was sought

(b) plaintiff can sue for damages for the breach for which the injunction was sought only with the permission of the court

(d) either b or c

Ans. c

23. It is the principle of law that a person, who has been in long possession of an immovable property, can protect the same by seeking an injunction against any person other than the true owner. The above statement is:

(a) False

(b) True

(d) Partly false

Ans. b

24. It is well settled that even the owner of the property can get back the possession only by resorting to the due process of law. The statement is:

(a) True

(b) False

(d) Partly false

Ans. b

25. A person claiming possession of property under Section 6 of the Specific, Relief Act cannot claim mense profits. The statement is:

(a) False

(b) True

(d) Partly false

Ans. a

26. A file a suit against B who was dispossessed from a house which w tenanted to him. He also claimed damages on account of his dispossessior A can claim

(a) Possession only

(b) Damages only

(d) Neither (a) nor (b)

Ans. a

27. It is well settled principle of law that a person seeking equitable relit under the Specific Relief Act, should come to the court with clean hand, The statement is:

(a) True

(b) False

(d) Partly True

Ans. b

28. To maintain a suit for recovery of possessions under Section 6 of th Specific Relief Act, the person must be dispossessed from the suit proper

(a) without his consent

(b) without due process of law

(d) None of the above

Ans. c

29. “S” a tenant in a Mall handed over possession of the shop to the landlorc for renovation. The landlord did not handover the possession back. “S files a suit for possession. He cannot claim possession back as

(a) Possession was handed over voluntary

(b) Landlord sought possession for renovation

(d) None of the above

Ans. a

30. The suit under Section 6 of the Specific Relief Act can be filed by

(a) The person dispossed

(b) Any person claiming through him

(d) None of the above

Ans. c

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31. “A” was dispossessed by “B” from his tenanted shop. “C” who is the son of -A” files the suit for possession as “A “could not travel to the city court which was far from his residence.”B” took the plea that the suit *mild be filed by “A”. Whether “C” could maintain the suit being the fee of “A”

(a) Suit was maintainable as “C” has claimed possession through “A”

(b) Suit was not maintainable

(d) None of the above

Ans. a

32. A suit under Section 6 of the Specific Relief Act cannot be filed

(a) after 6 months from the date of dispossession

(b) against the government

(d) None of the above

Ans. c

33. “A” was dispossessed from the suit property by “B” on 1st January,2015. we, files the suit on 31st July. The suit was

(a) maintainable irrespective of its date of filing

(b) Suit was not maintainable as it was filed beyond the period of six months from the date of dispossession

(d) None of the above

Ans. b

34. It is well settled that any statutory provision barring an appeal or revision cannot cut across the constitutional power of a High Court. No such bar as discernible from Section 6(3) of the Specific Relief Act. nis statement is:

(a) False

(b) True

(d) Partly true

Ans. b

35. Section 6(3) of the Specific Relief Act bars from an order or decree any

(a) Appeal

(b) Review

(d) None of the above

Ans. c

36. Section 6(4) of the specific Relief Act does not bar a suit for recovery of possession on the ground of

(a) Title

(b) Possession without title

(d) None of the above

Ans. a

37. Proceedings under section 6 of the Specific Relief Act are 4IL diS”. be

(a) Summary procedure

(b) Regular trail

(d) None of the above

Ans. a

38. Under section 7 of the Specific Relief Act ,the right to recover movable property has been in respect of

(a) unascertained movable property

(b) specific movable property

(d) none of the above

Ans. b

39. Under section 7 of the Specific Relief Act, the right to recover movable property is in respect of

(a) possession

(b) ownership

(d) none of the above

Ans. a

40. The right to recover possession of immovable property must

(a) exist

(b) expired

(d) none of the above

Ans. a

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41. “A” files a suit against “B” for recovery of Rs.10,000/. “B” resists the A agrt claim. “A” can succeed as rare C

(a) amount is specific

(b) amount is not specific

(d) none of the above

Ans. a

42. There was an agreement between; occupants of land and landlord to cut trees standings on certain land The forest department did not grant permission and the period expired The occupants filed a suit for declaration of his right to cut the tree. The suit was not maintainable as specific

(a) the right to cut the trees had expired

(b) the right was subsisting irrespective of expiry of period

(d) none of the above

Ans. a

43. The suit for possession of movable property can be filed by

(a) trustee

(b) bailee

(d) none of the above

Ans. c

44. “S” leaves for USA leaving his Honda City car in possession of “X” as his agent. “X” without “S” consent pledges it to “Y” who knowing that “X” has no authority to do so put it for sale. “S” is entitled to possession of his car as

(a) the car was held by “X” as the agent of “S”

(b) the car was transferred to “Y” without “S” consent

(d) None of the above

Ans. c

45. Specific performance of a contract can be ordered if

(a) There exists no standard for ascertaining actual damage caused by non performance of the Contract. (b) Compensation is not adequate relief

(d) None of the above

Ans. c

46. It is well settled that if the damages caused by the breach of contract is ascertainable, the remedy available is a claim for damages rather than specific performance of the contract. The above statement is:

(a) True

(b) False

(d) Partly false

Ans. a

47. A agrees to buy and B agrees to sell a picture by a dead painter and two rare China vases. A can ask for specific performance of the contract as

(a) There is no standard for ascertaining the actual damage which would be caused

(b) Compensation can be given

(d) None of the above

Ans. a

48. A. agrees to buy vehicle owned by B for a sum of Rs.4 lakhs. B sells the vehicle to C for Rs.5 lakhs. Before the delivery is given to C, A files a suit for specific performance of the contract. The contract is not enforceable as

(a) The damage caused by breach of contract is ascertainable

(b) Actual damage cannot be assessed

(d) None of the above

Ans. c

49. A software company entered into an agreement with B company for supply of electronic signals for a period of one year. B company in turn was to supply these signals to cable operators who would further transmit to TV viewers. B company informed A company that it will not make the payment as the cable operators had stopped payment to them. A company stopped signals to B company. B company filed a suit for permanent injunction for specific performance of the contract. The contract specifically enforceable as

(a) The goods were not easily available in the market

(b) Compensation was not an adequate relief

(d) None of the above

Ans. c

50. A contract cannot be specifically enforced if

(a) Non-performance of the same can be adequately compensated

(b) A contract which is in its nature determinable

(d) All the above

Ans. d

Joseph Barr Dollar 1963

51. A contract which runs into such minute or numerous details or which so dependent on the personal qualifications or volition of the parties otherwise from its nature is such that the Court cannot enforce specific performance of its material terms.

The above statement is:

(a) True

(b) False

(d) Partly false

Ans. a

52. Court has the discretion to order specific performance of the contra

(a) The contract gives the plaintiff an unfair advantage over the defer

(b) Non-performance would involve no hardship to the plaintiff, but perform would involve hardship to the defendant

(d) All the above

Ans. d

53. Mere possession of title is:

(a) Enough to maintain an action under Section 5 of the Specific Relief 1963

(b) Not enough to maintain an action under Section 5 of the Specific F Act, 1963

(d) None of the above

Ans. a

54. Which of the following sections of the Specific Relief Act deals recovery of specific movable property?

(a) Section 5

(b) Section 7

(d) Section 9

Ans. b

55. An order or decree passed in a suit presented under Section 6 of the Specific Relief Act is:

(a) Appealable

(b) Reviewable

(d) Appealable and reviewable both

Ans. c

56. A suit for recovery of possession under Section 6 cannot be filed against:

(a) A private individual

(b) A company k

(d) A firm

Ans. c

57. Under Section 6 of the Specific Relief Act:

(a) A tenant can file a suit for possession even against the landlord on the ground that he was unlawfully dispossessed by the landlord

(b) No question of title either of the plaintiff or of the defendant can be raised or gone into that case

(d) Both (a) and (b) are incorrect

Ans. c

58. A suit for recovery of possession of any immovable property under Section 6 d the Specific Relief Act can be filed against:

(a) A private individual only

(b) A government

(d) Neither (a) nor (b)

Ans. a

59. Saroja was granted government land. She was dispossessed without her consent. She instituted suit against the government under Section 6 of Specific Relief Act, 1963, for recovering possession of the property. The court rejected the plaint under Order VII Rule 11(D) of CPC. Whether rejection is proper?

(a) Yes, because suit under Section 6 against the government would not lie

(b) Rejection of plaint is improper

(d) None of the above

Ans: a

60. ‘S’ a shopkeeper has kept the goods for sale on the pavement outside the shop and constructed temporary overhead shed. Flying squad of NCT of Delhi demolished the temporary construction and seized the goods from the payment, without giving him any notice. After one year, `S’ filed a suit for recovery of possession of pavement against NCT of Delhi under Section 6 of Specific Relief Act, 1963. The suit is barred as filed:

(a) Against the government

(b) After the period prescribed

(d) Both (a) and (b)

Ans. d

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61. A suit filed by the plaintiff ‘I” against `D’ under Section 6 of Spec Relief Act is decreed in favour of `P’. the remedy against the decree f `D’ is to file:

(a) An appeal

(b) Revision

(d) Both (a) and (b)

Ans. b

62. Under Section 7 of the Specific Relief Act, the recovery of the move., property can be made by:

(a) Finder of the movable property

(b) Buyer of the movable property

(d) All of the above

Ans. d

63. Following is not the essential condition for applicability of Section 8 the Specific Relief Act:

(a) The defendant must be owner of the property

(b) The Article must be movable property

(d) the article must be in possession or control of the defendant

Ans. a

64. The engagement diamond ring of ‘N’ was stolen by ‘T’, a thief who it to T a jeweler. ‘N’ filed a suit for recovery of ring against `r. contended that he is ready to pay the price of the ring. Whether the de for recovery of diamond ring can be refused on the ground that:

(a) Compensation in terms of money would be adequate relief for the los, II ring

(b) T is bonefide purchaser of ring for consideration

(d) None of these

Ans. d

65. It is the principle of law that a person who has been in long and contain possession can protect the same by seeking injunction against any in the whole world other than the true owner:

The above statement is:

(a) True

(b) False

(d) Partly false

Ans. a

66. Section 9 of the Specific Relief Act, 1963, provides for:

(a) The grounds on which specific performance of the contracts c granted

(b) The defences which a person, against, whom the relief of performance is claimed, may plead

(d) the grounds on which specific performance of a contract cannot be granted

Ans. b

67. Section 10 of the Specific Relief Act, 1963 provides for:

(a) The contracts which can be specifically enforced

(b) The contracts which cannot be specifically enforced

(d) None of these

Ans. a

68. Under Section 10 of the Specific Relief Act, the specific performance cannot be granted if:

(a) There is no concluded contract

(b) There is a concluded contract

(d) there exists no standard for ascertaining the actual damages

Ans. a

69. Section 11 of the Specific Relief Act, refers specific performance of contracts connected with:

(a) Arbitration

(b) Trusts

(d) None of these

Ans. b

70. Which of the following contract cannot be specifically enforced as per the provisions of Section 14 of the Specific Relief Act?

(a) A contract to marry B

(b) A contract with B, that in consideration of Rs. 1,000/- to be paid to him by B, he will paint a picture for B

(d) All of the above

Ans. d

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71. A contracts with B to sing for twelve months at B’s theatre and not to sing in public elsewhere:

(a) B cannot obtain specific performance to sing, but he is entitled to an injunction restraining A from singing at any other place of public entertainment

(b) B can only obtain specific performance to sing

(c) B could not only obtain specific performance to sing, but he is also entitled to an injunction restraining, A from singing at any other place of public entertainment

(d) None of the above

Ans. a

72. In which of the following cases, he specific performance of a contract will not be ordered:

(a) Where pecuniary compensation would afford adequate relief

(b) Where the acts would require contained supervision by the Court

(d) All the above

Ans. d

73. The following contract cannot be specifically enforced:

(a) A contract in which the executants dies subsequently

(b) A contract in which the executants subsequently becomes insane

(d) A contract, non-performance of which cannot be compensated in terms of money as adequate relief

Ans. c

74. Contract not specifically enforceable:

(a) A contract for the non-performance of which compensation in money is an adequate relief

(b) A contract which runs into such minute or numerous detail

(d) All of the above

Ans. d

75. Defendant is in possession of 120 cotton bales as agent of the Plaintiff. Plaintiff files suit for specific performance of the contract against the defendant to compel delivery of the same. The relief claimed can be refused on the ground:

(a) Compensation in terms of money would afford adequate relief

(b) It would be difficult to ascertain actual damage

(d) None of these

Ans. a

76. The grant of decree of specific performance for the court is:

(a) Discretionary

(b) Mandatory

(d) Obligatory

Ans. a

77. Under Section 21 of the Specific Relief Act: The Court:

(a) Shall not award any compensation to the plaintiff

(b) shall as of rule award compensation in each and every suit

(d) May award compensation to the plaintiff even if it is not claimed by him

Ans. c

78. In cases of specific performance of a contract, the rights of the parties are governed by the principles of:

(a) Equity

(b) Law

(d) Only equity and not law

Ans. c

79. Which of the following is incorrect:

(a) A person seeking specific performance of a contract must approach the court within reasonable time even if time is not of the essence of the contract

(b) Family arrangements (compromises) can be specifically enforced

(c) In a suit for specific performance of a contract the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of, such performance

(d) There is a bar to a decree for specific performance if there is a clause in the contract that in the event of its breach or non-performance a sum of money specified therein is to be paid

Ans. d

80. Specific performance of contract to build or repair can be ordered:

(a) Where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages

(b) Where the plaintiff has a substantial interest in the performance of a contract but he can be compensated in damages

(d) All the above

Ans. a

81. Specific performance of any contracts may be ordered where:

(a) There exists no standard for ascertaining actual damage non performance of the act to be done

(b) compensation is adequate relief

(d) The contract is by its nature determinable

Ans. a

82. A court may deny specific performance of an agreement to sell an immovable property if:

(a) It is of the opinion that the consideration in inadequate

(b) the court feels that the contract is onerous to the defendant

(c) The performance of the contract would involve hardship on the defendant which he did not foresee and non-performance would involve no such hardship on the plaintiff

(d) All of these

Ans. c

83. Specific performance of contract means:

(a) Actual execution of the contract according to its stipulations

(b) claim of damages or compensation for non-execution of contract

(d) Neither (a) nor (b)

Ans. a

84. Ramesh and Geeta were husband and wife living in Bangalore. Ramesh was an Income Tax Officer and Geeta was a school teacher. They had two sons studying in schools in Bangalore. Parents of Ramesh were also staying with them. Ramesh was transferred to Madras and he had to leave his family behind at Bangalore. He promised to send every month Rs. 30,000/- to meet family expenditure, to his wife. Ramesh did not send any money from Madras. If Geeta files a suit for specific performance of the contract, then which one of the following is correct?

(a) Family agreements are not contracting and hence, no order for specific performance can be ordered

(b) It is a valid contract. Specific performance is to be ordered

(d) It is a breach of family responsibilities, so specific performance order is called for

Ans. a

85. In a suit for Specific Performance of Contract, the plaintiff must aver and prove that:

(a) He is always ready and willing to perform his part

(b) He has actually tendered the money to the defendant

(d) None of these

Ans. a

86. Section 26 of the Specific Relief Act contains the provision regarding:

(a) Declaratory Decrees

(b) Mandatory injunction

(d) Rescission of contracts

Ans. c

87. Mistake contemplated under Section 26 of the Specific Relief Act is:

(a) Bilateral mistake

(b) Mutual mistake

(d) All the above

Ans. d

88. Under Section 26 of the Specific Relief Act, 1963 for rectification of instruments on the ground of fraud or mutual mistake, the time limit for discovery of fraud or, mutual mistake is:

(a) Three months

(b) Six months

(d) No time limit is fixed

Ans. d

89. Relief of rescission is grantee under Section 27 of file Specific Relief Act in cases:

(a) Where the contract is void

(b) Where the contract is voidable

(d) Neither void nor voidable contracts

Ans. c

90. A declaration made under the Specific Relief Act is binding on

(a) The parties to the suit

(b) Persons claiming through

(d) None of these

Ans. c

91. Section 31 of the Specific Relief Act, 1963 is related to:

(a) Rescission of contracts

(b) Cancellation of instruments

(d) Perpetual injunctions

Ans. b

92. Under Section 31 of the Specific Relief Act in its application is:

(a) Based on protective or preventive justice

(b) Restricted to contracts only

(d) Mandatory in nature

Ans. a

93. Under Section 33 of the Specific Relief Act, 1963, the compensation is payable, if:

(a) The party received the benefit

(b) The contract is without consideration

(d)None of the above

Ans. a

94. No court shall declare that the plaintiff is entitled to a right:

(a) If he is minor

(b) If he is able to seek further relief than mere declaration but omits to do so

(d) If his right is based on a contingent contract

Ans. b

95. Section 34 of the Specific Relief Act, 1963, sanctions:

(a) Every type of declaration

(b) Only a declaration of legal character

(d) A declaration of legal character or of a right to property

Ans. d

96. The declaration given under Section 34 of the Specific Relief Act is binding on whom?

(a) Only on the parties to the Suit

(b) On the persons claiming through parties to the Suit

(d) All of the above

Ans. d

97. When mandatory injunction cannot be issued:

(a) When the injury can be compensated by damages

(b) When the balance of convenience is in favour of the defendant

(d) Where there is a legal obligation on the part of the defendant to perform some positive act

Ans. a

98. ‘A’ files a suit for Mandatory Injunction against illegal disconnection of electricity. ‘A’ also suffers loss in the business on account of non supply of electricity. The suit for Mandatory Injunction is dismissed. ‘A’ thereafter files suit for damages for suffering loss. The subsequent suit is barred:

(a) Under Code of Civil Procedure

(b) Under Specific Relief Act

(d) None of these

Ans. b

99. An injunction cannot be granted:

(a) When the plaintiff has no personal interest in the matter

(b) to prevent the breach of a contract the performance of which would not be specifically enforced

(d) All of the above

Ans. d

100. The relief of injunction cannot be granted:

(a) When equally efficacious relief can be obtained by any other usual mode of proceeding

(b) the plaintiff has not come to the court with clean hands

(d) All of these

Ans. d

101. What is true of perpetual injunction

(a) It is a judicial process

(b) Preventive in nature

(d) All of the above

Ans. d

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