PREVIOUS YEAR IMPORTANT QUESTIONS

1. Discuss the provisions of Specific Relief Act, relating to recovery of possession of immovable property?
2. Explain the terms mandatory injunction. Can mandatory injunctions be issued in the following cases-

• To restrain a person from moving a Court for the redressal of his grievances.
• To restrain the publication of a libel?

3. What are the cases in which specific performance of contract is enforceable?
4. Enumerate cases in which the court may properly exercise discretion not to decree specific performance.
5. Can a permanent injunction be granted to restrain the landlord from evicting the tenant from the premises in his possession?
6. What are the essentials conditions for obtaining a declaratory decree under Section 34 of the Specific Relief Act.
7. Distinguish between Rectification, Recission and Cancellation of Instrument.
8. Who can claim Specific Performance and when can Specific Performance be refused?
9. Discuss the principles and the restrictions regarding the grant of perpetual injunction.
10. “Justice demands that a person wrongfully dispossessed of property shall recover it”. Explain how is the Specific Relief Act, 1963 operating for this purpose.
11. In a suit for specific performance of a contract filed on 01.01.2012, by ‘P’ against ‘D’ the following facts are admitted in the pleadings and the evidence:                          (20 marks)

• ‘P’ is a non-resident Indian (NRI) living in United Kingdom (UK) with business interests in India and has been maintaining an office of a Company in Delhi
• ‘D’ is an elderly housewife living in Kolkata and owned a residential property (‘suit property’) located in Delhi.
• ‘P’ appointed his Delhi office manager ‘A’ as his attorney by executing a Power of Attorney (POA) on 01.01.2011, duly registered, and through him entered into an Agreement of Sale on 07.01.2011, executed at Delhi by ‘D’ through ‘W’ her husband and duly constituted attorney, for purchasing the suit property for total sale consideration of Rupees Thirty Lakh Only, having paid to ‘D’ an amount of Rupees One Lakh only as earnest money, on the following terms and conditions:

1. The sale to be completed by 07.03.2011 and balance sale price to be paid at the time of registration of sale deed.
2. At the time of registration of sale deed, the vendor shall deliver her original title deed.
3. If vendor committed default, he would pay double the amount of earnest money to intending purchaser and if vendee committed default, the earnest money would stand forfeited.

• On 06.06.2011, ‘P’ sent a telegram to ‘D’ to come to Delhi for execution and registration of Sale Deed in the office of Sub-Registrar on 08.06.2011, in response to which ‘H’ came from Kolkata to Delhi the same day. ‘H’, however, did not go to the office of Sub-Registrar on 08.06.2011.
• On 08.06.2011, ‘A’, the attorney of ‘P’ presented himself in the office of Sub-Registrar and waited but when no one on the side of vendor showed up the whole day, he formally informed the Sub-Registrar in writing these facts, obtaining formal acknowledgment of this submission.
• On 08.10.2011, ‘P’ sent a legal notice to ‘D’ stating that he was always ready and willing to perform his part of the contract and get the sale of deed registered by paying the balance consideration and calling upon her to complete the sale.
• On 31.10.2011, the office manager ‘A’ retired and in his place ‘B’ was appointed by ‘P’. On same day, ‘P’ executed a fresh POA appointing ‘B’ as his attorney and through him filed the suit, inter-alia, pleading that ‘P’ was ready with the balance payment to be handed over at the time execution of sale deed.

Decide the following issues:

1. Whether time was of essence of the contract? If so, effect?
2. Whether ‘P’ was and is ready and willing to perform his part of the contract?
3. To what relief, if any, ‘P’ is entitled?

12. Discuss the provisions of Specific Relief Act, relating to recovery of possession of immovable property?
13. A is dispossessed of a certain land by B. A brings a suit against B for a mere declaration of his title to the land. Can the court grant the declaration prayed for?
14. Explain the various kinds of injunctions that can be issued under the Specific Relief Act, 1963.