SPECIFIC RELIEF ACT, 1963 1

SPECIFIC RELIEF ACT, 1963

Subjective Questions
Part I - Preliminary
1. What do you understand by specific relief? Can specific relief be granted for the mere purpose of
enforcing a penal law? Discuss. [JJS 2017]
2. “Specific relief can be granted only for the purpose of enforcing individual civil rights. “Explain.
[OJS 2010]
3. Can specific relief be granted for mere purpose of enforcing a penal law ? [OJS 2004]

Part II - Specific Relief

1. “The remedies for-non performance of duties are either compensatory or specific”. Explain this
statement briefly in the context of specific reliefs available under the Specific Relief Act.[UPJS 2000]

Chapter 1 - Recovering Possession of Property

1. When can a person who being not the owner is dispossessed of immovable property recover possession
thereof? [HJS 2006]
2. While stating the law relating to recovery of possession of immovable property, discuss the effect of
combining the remedies available under Section 5 and 6 of the Specific Relief Act, 1963 in a single
suit. [UPJS 2019]
3. “Justice demands that person wrongfully dispossessed of property shall recover it.” Explain how is
the Specific Relief Act, 1963 operating for this purpose. [UPJS 2000 1999; OJS 2016]
4. H occupied a plot of land owned by N and built a structure on it. He remained in occupation of
these premises for a period of 5 years when on April 2, 1988 he was forcibly dispossessed by N. On
September 20, 1998 H filed a suit for possession. N resisted the suit on the ground that he was the
real owner and H was a trespasser. Decide the case. Would it make any difference if the suit had been
filed on October 20, 1988? [DJS 1989]
5. A is in possession of land for the last 20 years and had been forcibly dispossessed by B. A filed a suit
for recovery of possession against B within 6 months of his dispossession. B in his defense denied
forcible dispossession and also stated that suit of possession does not lie without proof of title. He
also pleaded that a prior trespasser cannot eject a later trespasser. A infact had no title deeds. How
would you Decide? [DJS 1996]
6. A was inducted as a tenant in respect of premises in question by B for a period of 3 years at a monthly
rent of Rs. 2000/-. A did not vacate the tenanted premises even after expiry of lease period. B made
several requests to A to vacate premises in question and also served legal notice calling upon A to
vacate premises in question. A did not pay any heed to requests of B. On 12-2-1990, A was forcibly
dispossessed by B. A filed a suit for possession in civil court on 12-7-90. B defended the suit on plea
that he is real owner of the premises in question and A did not have any right to regain possession of
premises in question after expiry of lease period. Decide. [DJS 2005]
7. What are the main point of difference between action for possession under Section 5 and 6 of the
SRA? [BJS 1984]
8. Within what period suit under section 6, SRA can be filed against the government? [RJS 1989]
2 Law is nothing but Common sense and Logic – A.K. Ranjan

9. A was in possession of a plot in Amritsar for a long time. On 20-8-1978 he was out of town and in
his absence B took the possession of the plot. On 10-1-1979, A filed a suit for possession of the said
plot against B in the District Court of Amritsar. B contested the suit on the ground that his father
has left a Will bequeathing the said plot to him and claimed his right of possession. The will is
registered. A could not produce any document regarding his title of the said plot but he filed a copy
of his ration card, election identity card, driving license and bills of electricity and water in his name.
All these documents were issued at the address of the said plot. B denied the right of A to get the
possession of the said plot.
What issues can be framed by the court on the basis of the above facts? Is A entitled to get the
possession of the said plot? Decide this case giving reasoning in your judgment with the application
of relevant and decided case law. [PJS 2001]
10. Discuss the conditions for recovery of possession of immovable property under section 6 of SRA.
[HPJS 2005]
11. X, a tenant under a landlord Y was holding over after the expiry of the lease when he was forcibly
evicted of the land by Y. He intends to recover possession under section 6 of SRA. Advice him.
[HPJS 2006]
12. What are the main points of difference between an action for possession under Section 6 of the
Specific Relief Act and recovery of possession based on the title? [OJS 2016]
13. What are the facts that the Court shall presume in respect of any article of movable property for
which claim for recovery has been made? [OJS 2010]
14. Is juridical possession equivalent to lawful possession ? [OJS 2008]
15. Summarize the provisions of the Specific Relief Act is regard to recovery of immovable property.
[OJS 2008]
16. Discuss the essential requisites of suit under Section 6 of the Specific Relief Act. [OJS 2008]
17. What remedy is available in Specific Relief Act to a person disposed of immovable property otherwise
in due course of law ? [OJS 2004]
18. What are the main points of difference between an action , possession under Sec. 6 of Specific Relief
Act and an action recovery of possession of property based on title ? [OJS 2000]
19. Within what period suit under section 6, SRA can be filed against the government?
What a plaintiff has to establish to succeed in a suit under section 6? Whether the defeated plaintiff
latter on can file suit for declaration and possession on the basis of his title. [MPJS 1989]
20. What are the modes of recovery of possession of specific movable and improvable property as provided
in the Specific Relief Act?
21. Write a short note on a suit by person dispossessed of immovable property under the specific relief
act,1963? [RJS 2021]
22. A was inducted as a tenant in respect of premises in question by B for a period of 3 years at a monthly
rent of Rs. 2000/-. A did not vacate the tenanted premises even after expiry of lease period. B made
several requests to A to vacate premises in question and also served legal notice calling upon A to
vacate premises in question. A did not pay any heed to requests of B. On 12-2-1990, A was forcibly
dispossessed by B. A filed a suit for possession in civil court on 15-7-90. B defended the suit on plea
that he is real owner of the premises in question and A did not have any right to regain possession of
premises in question after expiry of lease period. Decide. [DJS 2005]
SPECIFIC RELIEF ACT, 1963 3
23. A contracts to sell a piece of land to B for Rs. 20,000/- and then puts him in possession of it. But
subsequently sells the same plot of land to C for Rs. 25,000/-. Thereupon C takes forcible possession
of the property from B. Advice B as regards his remedies. [BJS 1977; JJS 1977]
24. What remedies does the SRA provide with regard to the recovery of the possession of immovable
property dispossessed of it? [UPJS 2003]
25. State, referring to relevant provisions, the circumstances when suit shall not lie for recovering possession
of specific immovable property. [OJS 2010]

Chapter 2 - Specific Performance of Contracts

1. What are the main points of difference between an action for possession under Section 9 of the
Specific Relief Act and action for recovery of possession based on title? [UPJS 1982]
2. Explain the law relating to recovery of possession of Immovable property? Whether in a case for
specific performance of contract of sale, it is necessary for a plaintiff to claim the relief of “possession”?
[MPJS 2022]
3. Who are the persons capable of getting relief under the Specific Relief Act, 1963? [UPJS 2000]
4. Write the contract which cannot be specifically enforced giving three illustrations.
[DJS 1980; BJS 1984; UPJS 1986]
5. The remedies for non-performance of duties are either compensatory or specific. Explain the statement
briefly in the context of specific relief available under SRA. [UPJS 1985]
6. What are the essential elements that have to be established in order to succeed in a suit for specific
performance of the contract of Sale? Can a suit for specific performance be decreed against a subsequent
transferee of the property? If so, under what circumstances? [UPJS 1984]
7. State the contracts not specifically enforceable. [UPJS 2018]
8. Pushpa was the owner of five acres of agricultural land. In the year 1980, she agreed to sell that land
to Karan for a sum of Rs. 50,000/-. Karan paid a sum of Rs. 10,000/- to Pushpa as earnest money.
The rest of the sale Consideration was to be paid at the time of registration of sale deed in the name
of purchaser. A civil appeal was pending in respect to the land and Pushpa was expecting that it
would be decided by the Court in one year. A written agreement of sale in respect to the land was
executed between the parties. It contained various terms, including the following:
(a) The Possession of the sold land would be handed over to Karan at the time of the execution of
the agreement of sale in the year 1980
(b) The registered sale deed of the land would be executed within one month of the disposal of the
Civil Appeal.
(c) In case the Civil Appeal would be decided after one year of the agreement of sale, then Karan
would pay annual rent of Rs. 500/- to Pushpa.
(d) The balance sale consideration would be paid by the purchaser to the seller at the time of the
execution of the sale deed.
The Civil Appeal was decided by the Court in the year 1990. Thereafter, Karan issued a notice to
Pushpa to execute the sale deed on receipt of the balance sale consideration. However, Pushpa declined
to execute the sale deed of the land in favour of Karan stating that he did not pay the fixed rent of the
land at any time.
Karan has filed a civil suit for specific performance of the agreement to sale of the land with the
request to the court to direct Pushpa to execute the registered sale deed in his favour. In the alternative
the seller may be directed to refund the earnest money and also to pay damages. Pushpa opposed the
case of Karan by stating that he did not comply with terms of the agreement.
4 Law is nothing but Common sense and Logic – A.K. Ranjan

The parties have raised the following pleas in support of their respective stands:
Pushpa:-
(a) Karan failed to pay the rent of the land. The payment of rent was essential to get the sale deed
executed.
Karan:-
(a) The agreement to sell the land was against the payment of sale consideration. Earnest money
was paid and that he was ready and willing to pay the balance sale consideration at the time of
the execution of the sale deed and its registration.
(b) The payment of rent was not a part of the agreement to sell the land. He is willing to pay the
entire due rent to Pushpa in the Court.
9. Can ‘A’ a plaintiff, sue for specific performance of sale of shares of a public listed company? Examine
with reference to provisions of the Specific Relief Act, and decide whether you will decree this suit for
specific performance. [DJS 2018]
10. A entered into an agreement with B for the sale of his land measuring 50 Bighas, situated in Delhi,
for a sum of Rs. 50,000/-. B paid Rs. 5,000- as earnest money to A. It was agreed that B would pay
the balance of the sale price to A before the Registrar and have the sale deed registered before 6-8-67.
On 3-8-67 B wrote to A to extend the time for the registration of sale uptill 1-10-67 to which A
agreed. B failed to pay the balance of the sale price and get the sale registered within the agreed
period. On 6-10-67 B sent a telegram to A to receive the balance of the sale price and have the sale
deed registered on 8-10-67. A sold the land to C for Rs. 70,000/-. B filed a suit for specific performance
against A and C. A pleaded that B having failed to get the sale deed registered as per the agreement,
he cannot enforce the agreement of sale. B pleaded the time was not essence of the contract and he is
entitled to that relief claimed. Write a judgment deciding the case. [DJS 1971, 1982]
11. A, a famous Cabaret Artist, entered into an agreement with Ashoka Hotel to give performance every
evening from 1-11-71 to 1-3-72. A subsequent to the agreement, with the Ashoka Hotel entered
into an agreement with the International Hotel to give performance from 1-11-71 to 1-12-72. The
Ashoka Hotel filed a suit for the specific performance of the contract against A. A contested the suit
pleading that the relief of specific performance cannot be allowed. Write a judgment discussing the
relevant provisions of the Act. [DJS 1971]
12. A is entitled to some land under his father’s will on condition that, if he sells it within 25 years, half
the purchase money shall go to B. A forgetting the condition, contracted, before the expiration of 25
years, to sell the land to C. A committed breach of the contract. C filed a suit for specific performance
of the contract. Decide giving reasons. [DJS 1976]
13. M was the owner of a certain area of land. He agreed to purchase another area of land from N. The
two parcels together would have exceeded the ceiling prescribed under an Act of Legislature. This
Act placed no restriction on transfer and only the acquisition of an area in excess of the ceiling was
involved resulting in its vesting in the State Government. N refused to complete the transaction. M
sued for specific performance. N resisted on the ground that if permitted it would defeat the provisions
of the law. How will you decide the case? Give reasons. [DJS 1976]
14. A agreed to sell two plots of land in the same colony and equal area to B for Rs. 50,000/-. A could not
make title as to one of the plots. B filed a suit for specific performance as to the other plot on
payment of Rs. 25,000/-. Decide giving reasons. [DJS 1976]
SPECIFIC RELIEF ACT, 1963 5
15. A contracted to buy certain land from B. A failed to perform his part of the contract. B filed a suit for
specific performance of the Contract. On evidence it was found that there existed right to way to that
land. Decide giving reasons. [DJS 1979]
16. Can the following contracts be enforced specifically: [DJS 1991]
(a) A contract for the sale of property which is under attachment by Court’s order.
(b) Mere agreement to enter into a contract
(c) Contract to marry
(d) A contracts to write a book for B. He writes the book but refuses to assign copyright and hand
over the manuscript to B who then sues A for specific performance.
17. Which are those contract which cannot be specifically enforced? Discuss with relevant case law.
[DJS 1996, 1999]
18. Section 10 of SRA provides for contracts, which can be specifically enforced. State and illustrate
limitation of the Court in using its discretion in such maters. [DJS 2000; OJS 2008]
19. Whether following contracts can be specifically enforced: [DJS 2005]
(a) A contracts with B to sing for the latter for one year at B’s theater;
(b) A contract to transfer of immovable property
(c) A contract to sell a picture by a well known dead painter
(d) A contract to charter an aeroplane
(e) A contract to refer a dispute to arbitration.
20. ‘A’ and ‘B’ enter into a contract to become partners in a shoes business. The contract does not specify
the duration of the proposed partnership. ‘A’ changes his mind and backs out of the idea and so is no
longer willing to perform the contract. ‘B’ files a Suit for specific performance of contract. Can such
a contract be specifically enforced? Decide with reasons. [DJS 2006]
21. As against the civil law countries, specific performance in India (which is a common law country) is
a discretionary remedy. What are its parameters? Do you think that this discretion of the Court be
extended to movable goods, in the present day commercial set-up, where, in pursuance of a contract
one party has acted and manufactured goods only for the specific contract in question? [DJS 2007]
22. What is necessarily to be averred and proved by the person seeking specific performance of a contract?
[BJS 1978]
23. Will the following contracts be specifically enforceable. If so, under what circumstances:
(a) A contract to construct a building;
(b) A contract to execute a mortgage
(c) A contract to sell property to which the seller has no title at the time of the contract but which
he acquires later on. [BJS 1977]
24. Are the following contracts specifically enforceable:
(a) P, a writer, enters into a contract with X and Co., a law book publisher, that he would write a
book on transfer of property law for them. Later on P refuses to write the book;
(b) A who is a commercial painter agrees to paint a portrait of B. Later on A refuses to do so.
[BJS 1978]
25. State with arguments whether the following contracts can be specifically enforced:
[BJS 1979; JJS 1979]
6 Law is nothing but Common sense and Logic – A.K. Ranjan

(a) A agrees to buy a 1902 model car from B for Rs. 50,000/-, B refuses to deliver the car.
(b) A, a civil servant enters into a contract with B and Co., for the purchase of second hand fiat car
of 1972 model. B and Co. refuses to deliver the car.
(c) P an expert in the law of contract is engaged by the university to deliver 15 lectures on Law of
Contract at the rate of Rs. 50 per lecture, P delivers 2 lectures, and thereafter refuses to deliver
the rest.
26. “Granting of specific performance of a contract is discretionary remedy.” Discuss. What is the rationale
of specific performance? State the defences to an action for specific performances?
[BJS 1986, 1987; OJS 2009 2004]
27. In a suit for specific performance of contract, what facts a plaintiff is required to prove? Discuss.
[BJS 1991]
28. When a contract can be specifically performed? [BJS 2011]
29. A contracted to sell a house to B for Rs. 1300/-. It was found that the house belonged to A and his
wife jointly and that A had no authority on behalf of his wife to sell the house. B filed the suit for
specific performance of the agreement. What should the court do? [RJS 1969]
30. What are the cases in which specific performance of a contract is enforceable? [RJS 1984]
31. The respondent entered into a contract on 27-2-1975 with the petitioner for sale of his land as he
was in dire need of money to celebrate his daughter’s marriage on 16-5-1975. The agreement was
that the draft sale deed should be finalized within seven days and sale deed registered. Time was,
therefore, the essence of the contract. The defendant insisted upon payment of consideration in
cash. The respondent sent the approved draft sale deed immediately, but the petitioner did not give
the final draft, as contemplated by the agreement, since he had to obtain Income Tax Clearance
Certificate, which he did not obtain. Two letters written by the respondent indicated that the
respondent was always willing to have the sale deed execute, but the petitioner delayed the execution
of the sale deed, on one pretext or the other. The petitioner filed a suit for specific performance of the
contract. The High Court held that the petitioner was not ready and willing to perform his part of
the contract under Clause (c) of Section 16 of SRA. Was the High Court justified in negating the
relief of specific performance of the Contract? Give reasons in support of your answer. [PJS 1999]
32. The plaintiff-appellant’s suit for specific performance of the agreement for sale, was decreed by the
trial court and the first appellate court. The total amount of consideration was Rs.12,000/- and the
plaintiff-appellant had paid Rs. 3000/- as earnest money. In second appeal the High Court reversed
the decree and dismissed the suit as from the fact that the plaintiff-appellant had taken some time to
remove the deficit in the court fee. The High Court had inferred that the plaintiff-appellant had no
capacity to pay the consideration and was not willing to perform his part of the contract. Was the
High Court justified in reversing the decree and dismissing the suit? Decide with reference to SRA
and case law, if any. [PJS 1999]
33. B, the predecessor-in-interest of appellant 1, an owner of three acres of agricultural land, entered
into an agreement for sale of land with T, the predecessor-in-interest of the respondents. The agreement
dated 24-4-1969 contained a default clause expressly stating that “in case the sale deed is not made
to you or if you refuse to accept, in addition of earnest money, an amount of Rs. 500/- shall be given
or taken and no sale deed will be executed.” As it happened, no sale deed was executed and T filed a
suit for specific performance on 18-7-1974. While the suit was pending, B dies and the disputed
land was sold by his heirs to appellant No. 2 by sale deed executed in September, 1974 and March,
1975.
SPECIFIC RELIEF ACT, 1963 7
In his plaint, T specifically mentioned the default clause and stated that the earnest money totaling
Rs. 1000/- was to be returned by B along with an additional amount of Rs. 500/- in case the sale
deed was not executed. However, the prayer was expressed in alternative and T sought a decree for
specific performance or a decree for the return of Rs. 1000/- plus a sum of Rs. 500/-
The trial court directed appellants-defendants to pay back Rs. 1000/- with interest at 6% alongwith
Rs. 500/- as damages to the respondent-plaintiff. The first appellate court, however, decreed the suit
for specific performance on the condition that T deposits the balance amount of sale consideration
(Rs. 1000/-). The appellants’ second appeal was dismissed by High Court. Was the High Court
justified in dismissing the appeal? Answer with reference to sections of SRA and case law, if any.
[PJS 2000]
34. The appellants were the legal representatives of a subsequent purchaser. They were defendants to a
suit by one B for specific performance of an earlier agreement to sell the property to her. She has not
pleaded in her plaint that she was ready and willing to perform her part of the agreement. The
question now in regard to whether she or her legal representatives were, in fact, at all material times
ready and wiling to perform their part of that agreement. The first appellate court declined to permit
the appellants to plead and content that B and her legal representatives were never prepared to
perform their part of the agreement and for this purpose, it relied upon the judgment of the Hon’ble
Supreme Court in the case of Jugraj Singh (1995) 2 SCC 31. The High Court in second appeal
confirmed that view. Was the High Court justified in confirming the view of the first Appellate
Court? Answer with reference to relevant sections of SRA and case law, if any. [PJS 2000]
35. A and B contract to become partners in a certain business. The contract does not specify the duration
of the proposed partnership. A sues for specific performance of the contract. Decide. [HPJS 2005]
36. A being an author contracts with B, a publisher, to complete a literary work. Can B claim the specific
enforcement of the contract? [HPJS 2006]
37. A contracts to sell a piece of land to B for Rs. 5000/-. B takes possession of the land. Afterwards, A
sells the same land to C for Rs. 6000/-. C makes no inquiry of B relating to his interest in the land.
B files a suit for specific enforcement of the contract against C. Decide. [HPJS 2006]
38. B contracts to buy from A certain number of railway shares of a particular description. A refuses to
complete the sale. B files a suit for specific enforcement of the contract. Decide. [HPJS 2006]
39. What is the position of law regarding Specific Performance of part of Contract? [MPJS 2018]
40. What defences for defendant, in suit for Specific Relief based on contract, are available? Whether and
if so in what cases the defence of (1) undue hardship and (2) inadequacy of consideration may be
treated as a good defence? [MPJS 2008; OJS 2008]
41. When Court may award compensation to plaintiff in a suit of Specific performance of Contract.
Whether the relief of possession & Partition can be granted by the court in such suits? Explain.
[MPJS 2012]
42. What do you mean by specific performance of a contract? What contracts cannot be specifically
enforced? Can a part of contract be specifically enforced? Explain with suitable illustrations.
[GJS 2017]
43. What is the importance of “ready and willingness to perform” in a suit for specific performance?
What happens when the plaintiff has not averred his readiness and willingness to perform in his
pleadings? [HJS 2015]
8 Law is nothing but Common sense and Logic – A.K. Ranjan

44. X entered into contract to sell a piece of land to Y for Rs. 50 lakhs. Y’s elder brother Z paid half of
the consideration to Y in a belief that he (Z) would be entitled to half portion of that particular land.
Sale deed was made in favour of Y only. Z claimed that land was jointly owned by Y and Z therefore,
his name was also to be included in that particular sale deed. Is Z entitled to any remedy according
to Specific Relief Act, 1963? Decide by citing relevant judicial pronouncements. [HJS 2019]
45. Can a Court grant part performance of a contract on the option of - [HJS 2015]
(i) plaintiff (ii) plaintiff and defendant both, or (iii) defendant only? At what stage of litigation can
part performance of contract be accepted by a party?
46. ‘A’, famous singer, entered into an agreement with Hotel Taj to give performance on each evening
from 1 Nov., 2017 to 1 December, 2017 and subsequently entered into another agreement with
Hotel Maurya to give performance on each evening from 1 November, 2017 to 1 December, 2018.
Hotel Taj filed a suit for specific performance against ‘A’, ‘A’ contested that the suit being relief for
specific performance cannot be given/allowed.Decide with reference to relevant provisions and the
decided cases under Specific Relief Act, 1963. [JJS 2019]
47. What is the importance of ‘Ready and Willingness to perform’ in a suit for specific performance’?
What happens when it is not specifically averred in pleadings of a suit by the plaintiff? Explain.
[JJS 2019]
48. What remedy is available to ‘A’ in the following cases? Discuss with reasons: [JJS 2017]
(i) ‘B’ contracts with ‘A’ that he will serve him faithfully for twelve months as a clerk. Later on ‘B’
does not perform the contract.
(ii) ‘B’ contracts with ‘A’ that he will sing song for twelve months in ‘A’s’ theatre and he will not
sing at any other place. Later on ‘B’ does not perform the contact.
49. Discuss the general principles on the basis of which the courts have been granting the relief of
specific performance of contracts. Also enumerate the contracts which cannot be specifically enforced.
[OJS 2016]
50. Who may obtain specific performance of a contract? Elaborate. [OJS 2010; BJS 2021]
[UKJS 2022]
51. Can a contract of settlement on marriage be specifically enforced? [OJS 2010]
52. What are the principles on which the doctrine of specific performance of contract is based ? Discuss.
[OJS 2008]
53. Explain the powers of a Court to award compensation in a suit for specific performance of contract.
[OJS 2004]
54. What are the rights and remedies under the Specific Relief Act of purchaser or lessee against a vendor
or lessor with imperfect title? [OJS 2000]
55. The remedies for non-performance of duties are either compensatory or specific. Explain the statement
briefly in the context of specific relief available under SRA. [UPJS 1985]
56. What are the essential elements that have to be established in order to succeed in a suit for specific
performance of the contract of Sale? Can a suit for specific performance be decreed against a subsequent
transferee of the property? If so, under what circumstances? [UPJS 1984]
57. X Ltd, which is in the business of manufacture and sale of air conditioners, appointed Y as their sole
and exclusive dealer for the NCT of Delhi. The dealership agreement, which was for 5 years, provided
that on every sale Y would be paid a 5% commission in addition to transportation and installation
charges at the rate of Rs. 1,000/- per sale. Within 2 years the officers of X Ltd received complaints
SPECIFIC RELIEF ACT, 1963 9
from customers as to the rude behaviour of the employees of Y and faulty installation of air conditioners.
There were also reports received that Y was also selling the air conditioners of Z Ltd; a rival of X Ltd.
X Ltd terminated the dealership of Y. In the termination notice reference was placed on clause 2 of
the dealership agreement which empowered X Ltd to terminate the dealership agreement forthwith
in case a dealer acted against its business interest. The dealership agreement also contained clause 3
which permitted either party to terminate the agreement without assigning any reason upon giving
one (1) month’s notice. Y instituted a suit. In the suit Y prayed for the following reliefs:-
(i) declare that the termination of dealership agreement was illegal;
(ii) specific performance of the agreement for the balance period, i.e., 3 years, and
(iii) damages.
X Ltd opposed the suit on the ground that the termination was valid, in the alternative the dealership
agreement was determinable at will and hence specific performance could not be ordered, and lastly
damages, if any, could only be paid only for the 30 days period in terms of clause 3.
The evidence on record showed that the complaint against Y were bogus. Y in the past one year had
contributed to the increase of sales of X Ltd in the NCT of Delhi.
Discuss what relief, if any, would Y be entitled to? [DJS 2010]
58. X contracts with Y to sing for 12 months at Y’s theatre in Patna. X comes to Patna and is willing to
act for Y. Y keeps X idle for 4 months though he pays his salary regularly, X feeling bored, engaging
himself in elsewhere. What advice would you give Y as to his rights? What are the defences open to
X in a suit by Y on the basis of that advice? Would the court grant any relief to Y? Discuss.
[BJS 1975]
59. State the cases in which specific performance of a contract can be enforced and when cannot be
enforced. [HJS 1996; JJS 2014]
60. ‘A’ contracts with ‘B’ to lend money to ‘B’ on a mortgage. Can specific performance of this contract
be enforced? Give reasons. [JJS 2014]
61. Can the following contracts be enforced specifically? [DJS 1991]
(i) A contract for sale of property which is under attachment by court’s order.
(ii) Mere agreement to enter into contract.
(iii) Contract to marry.
(iv) ‘A’ contracts to write a book for ‘B’. He writes the Book but refuses to assign copyright and
handover the manuscript to ‘B’ who then sues for specific performance.
62. Mention the circumstances under which specific performance of a contract cannot be enforced.
[UKJS]
63. Will the Court Specifically enforce the following contracts? Discuss with reasons. [UKJS]
(i) A contract to marry
(ii) An agreement to sell land.
(iii) Arbitration agreement
(iv) A contract of partnership at will
64. Describe the general principles relating to specific performance.
65. Explain what are the rights of the purchaser or lessee against a person with no title or imperfect title.
[OJS 2009]
10 Law is nothing but Common sense and Logic – A.K. Ranjan

66. What are the special provisions for Contract relating to infrastructure project under the Specific
Relief Act, 1963? [CJS 2018]
67. A person, against whom relief of specific performance is claimed, may plead, by way of defense, any
ground which is available to him under any law relating to contract. What are those grounds of
defense who are available to person against whom the relief of specific performance of contract is
claimed? [BJS 2021]
68. An owner of a land executed an agreement to sell with X for a total sales consideration of INR
56,000/- in the year 1986. X paid INR 25,000/- as part of sales consideration at the time of execution
of the agreement to sell. The Sale Deed was agreed to be executed within 2 years. Meanwhile, at the
instance of the owner, the period of two years was extended twice. Last such was extension was
granted in the year 1991. A further sum of INR 15,000/- was paid by X towards sales consideration
at the time of second extension. At that time, balance sales consideration of 16,000/- was also agreed
to be paid at the time of execution of the sale deed. However, in the year 1994, the owner sold the
land to P and also executed the Sale Deed despite receiving INR 40,000/- from X towards sales
consideration. P is closely related to X and is aware of the agreement to sell between the owner and
X. X files a suit for specific performance against the owner as well as P. Both the trial court as well as
the first Appellate Court decreed the suit in favour of X, however, the Second Appellate Court
reversed the concurrent finding of the Courts below on the ground that there was no specific averment
in the plaint as required under Section 16(c) of the Specific Relief Act, 1963 and that the relief of
specific performance is discretionary in nature. X approaches the Apex Court stating that his readiness
and willingness to perform his part of the contract was writ large from the payment of the substantial
part of the sale consideration and his conduct. Decide, taking into consideration the relevant provisions
of the Specific Relief Act, 1963 and the case laws. [DJS 2022]
69. Do courts have discretion to deny specific performance? If so, under what circumstances?
[HJS 2022]
70. What is “Substituted performance of contract”? Discuss. [MPJS 2021]
71. Explain the power of the Court to award compensation in certain cases and power to grant relief for
possession, partition, refund of earnest money, etc. under the Act? [MPJS 2016]
72. What contracts can be specifically performed under the Specific Relief Act, 1963? Explain the rescission
of contracts with illustrations. [MPJS 2021]
73. X agrees to sing at Y’s theatre for one week and also agrees not to sing at any other theatre during that
period. Later on, X contracts with Z to sing during that week at Z’s theatre. Can Y sue for an
injunction to restrain X? [HJS 2001]

Chapter 3 - Rectification of Instruments

1. What are the limits within which a court may permit rectification? Whether the relief in this regard
is discretionary or mandatory upon the court? [HJS 2015]
2. Write a short note on “rectification of Instruments.”? [MPJS 2022]

Chapter 4 - Rescission of Contracts

1. A had agreed to sell a house to B for Rs. 15 lacs. Rs. 5 lacs are paid as advance. After one month
further Rs. 5 lacs are paid and A puts B in possession of house and balance amount of Rs. 5 lacs are
to be paid on completion of paper work and registration of sale deed. A fails to keep his commitment.
B files a suit for specific performance of contract which is decreed. Court allows B 2 months time to
SPECIFIC RELIEF ACT, 1963 11
make balance payment. However, within the time allowed by the Court decree B fails to make
payment of Rs. 5 lacs. A then applied for rescission of decree and contract. Will A succeed?
[DJS 2006]
2. Briefly discuss the provision relating to rectification of instruments and rescission of contract in the
light of specific Relief Act, 1963. [UPJS 1982]
3. ‘A’ agreed to purchase from ‘B’ under two contracts 400 tons of wheat to be delivered on 01.01.2006
and 23.02.2006. ‘A’ having failed to take delivery on 01.01.2006. ‘B’ claimed to rescind both the
contracts. ‘A’ sue for damages. Is ‘A’s’ suit maintainable? What are the situations in which court can
refuse rescission of a contract? Decide. [DJS 2006]
4. How can a contract be rescinded by a party to it in case the other party is not available and can’t be
served notice? [HJS 2015]
5. Explain the provisions regarding rescission of contracts for the sale or lease of immovable property,
where the specific performance of the contract has been already decreed. [MPJS 2016]

Chapter 5 - Cancellation of Instruments

1. Distinguish between rectification, recession and cancellation of instruments. [BJS 1984]
2. Describe the grounds when court may order for cancellation of instrument? Whether an instrument
may be partially cancelled? [MPJS 2011]
3. Discuss the conditions when the court may grant the remedy in the form of cancellation of
instruments. Draw the distinction between cancellation and rectification of instruments.[HJS 2019]
4. What do you understand by cancellation of instruments? Discuss its essentials and differences between
cancellation of instruments and recession of contract. [JJS 2017]
5. When a suit for cancellation of instruments shall lie? Can an instrument be partially cancelled?
[OJS 2010]
6. State where cancellation of a written instrument may be ordered and what the Court may require
from the party to whom such relief is granted. [OJS 2004]

Chapter 6 - Declaratory Decrees

1. A truck was taken into possession from B by the police in investigation of a theft case lodged by A.
The truck was given in superdari of B. A filed a civil suit for mere declaration that he is the owner of
the truck. During the pendency of the suit, the theft case was closed. B contested the suit and took
a preliminary objection that the suit for mere declaration is not competent in view of proviso to
section 34 of the Specific Relief Act, 1963. Decide the point giving reasons. [DJS 1984]
2. Is a suit for mere declaration by government employee that the order of his dismissal from service is
illegal, maintainable without his seeking further relief of recovery of arrears of salary? [DJS 1984]
3. A is the husband of W. A files a suit for declaration that a two years boy allegedly born to the
defendant wife W was not his son. An objection is taken that the suit was premature as no maintenance
and rights in A’s estate were being claimed against him and that the interest of the minor should not
be prejudiced by deciding a question which will arise in future. Can a declaration be granted to A?
[DJS 1989]
4. Discuss the utility, importance and scope of a declaratory decree. [BJS 1977, 1986]
5. Discuss with example the distinction between declaratory relief and consequential relief and the
practical relation between such reliefs? [BJS 1980]
12 Law is nothing but Common sense and Logic – A.K. Ranjan

6. What are the essential conditions for obtaining declaratory decree under Section 34 of the Specific
Relief Act, 1963?
7. Will a suit for declaration lie in the following cases? [OJS 2016]
(a) A suit that P is a legitimate son.
(b) A suit by first wife to declare her husband’s second marriage void.
(c) A suit for correct date of birth.
(d) A suit seeking mere claim of title without possession.
8. State the grounds on which the Court may pass declaratory decree. When it shall be refused by the
Court? [OJS 2010]
9. X, a trustee of a worship place, filed a suit against the defendants for declaration of his right to
nominate a new Mahant and for a declaration that he is entitled to manage the shrine and to have
worship done by another person, superseding the defendants who are in-charge and are neglecting
their duties. The district court of Madras dismissed the suit. X filed the appeal in the Madras
HighCourt. High Court dismissed the appeal with the decision that the office of trust cannot be
separated from the properties to which it appertains and so a mere declaration cannot be asked for
without seeking possession also.
10. To whom and in which conditions court can grant declaratory decree? What is the effect of declaration?
[MPJS 2018]
11. What do you mean by ‘Declaratory Decree’? Explain the essential conditions for issuing the declaratory
decree and its effect with the help of relevant law. [MPJS 2014]
12. Granting of specific performance of a contract, like injunction, is a discretionary remedy. Discuss.
[UKJS 2004; DJS 2004; OJS 2004]
13. Decide about the maintainability of the following declaratory suits: [BJS 1977]
(a) A brings a suit for a declaration that B who claims to be his son is not his son.
(b) A seeks a declaration that he is not bound by a particular personal contract.
14. Under what circumstances is a plaintiff bound to seek declaration of title in addition to recovery of
possession of immovable property? [HJS 2022]
15. What do you understand by a declaraory decree? What is its practical utility? [MPJS 2021]
16. What is declaratory decree? Explain with illustrations.
17. Was the High Court justified in negating the relief of specific performance of the Contract? Give
reasons in support of your answer. [PJS 1999]

Part - III : Preventive Relief

Chapter 7 - Injunctions Generally
1. ‘A’ the owner of two adjoining houses lets one to B and after wards lets the other to ‘C’. ‘A’ and ‘C’
begin to make such alterations in the house let out to C which will prevent the comfortable enjoyment
of the house let to ‘B’. What remedy does B have? [2006]
2. Granting of specific performance of a contract, like injunction, is a discretionary remedy. Discuss.
[UKJS 2004; DJS 2004; OJS 2004]
3. Can the court grant temporary injunction in exercise of the inherent power in a case? [HJS]
4. Stating the general principles on the basis of which temporary injunctions are granted, discuss the
circumstances in which perpetual injunctions are granted by the Court. [UPJS 2019]
SPECIFIC RELIEF ACT, 1963 13
5. Discuss relevant principles that govern grant of temporary injunction. Whether a temporary injunction
can be granted in the form of mandatory injunction. [DJS 2005]
6. ‘A & Co.’ is engaged in the business of manufacture and sale of railway products like wagons, bogies
etc. ‘B India Ltd’ a government owned undertaking allotted to ‘A and Co.’ a contract for the supply
of bogies in Jan 2004. In compliance with the terms of the contract between the parties ‘A & Co.’
furnished a performance guarantee being a bank guarantee for Rs. 10 lakhs issued on Bank ‘C’.
Theguarantee is unconditional and obliges the bank ‘C’ to pay to ‘B’ India Ltd’ the amount guaranteed
upon it on making a written demand declaring ‘A & Co.’ to be in default under the contract. By
December 2004, ‘A & Co.’ had to supply 200 out of 400 wagons which it failed to do. ‘B India Ltd.’
extended the time for performance to July 2005 but again ‘A & Co.’ defaulted. ‘B India Ltd.’
terminated the contract by an order dated August 1, 2005. ‘B India Ltd.’ simultaneously called
upon bank ‘C’ to remit to its account a sum of Rs. 10 lakhs towards the performance guaranteed
furnished. ‘A & Co.’ moves the court for injunction against invocation of bank guarantee. Can injunction
be granted? Decide. [DJS 2006]
7. What are the guiding principles for the grant of temporary injunctions? [DJS 2008]
8. What role does equity play, if any, in the grant of an injunction? [DJS 2008]
9. Define an injunction. Distinguish between various kinds of injunctions.
A, on the occasion of the marriage of his daughter D arranges to play music for 3 nights, from 7 p.m.
to 6 a.m. B his neighbour is not able to sleep on the first day of the music and therefore wants to
restrain A from playing on two subsequent days. Decide the case as if you were judge. [BJS 1979]
10. State with example what is preventive relief and when and how it is granted. [BJS 1980]
11. Define and classify injunctions and write a short note on any two kinds of the various kinds of
injunctions? [BJS 1984]
12. Under what circumstances can the court grant an injunction to perform a negative act? [BJS 1986]
13. Discuss the circumstances in which and grounds on which a temporary injunction can be granted?
What are the consequences if such injunction is not complied with? [RJS 1976]
14. “Injunction is a judicial process whereby a party is ordered to do or refrain from doing a particular
things.” Explain with specifical refernece to the discretionary power of the court in granting the
injunction. [JJS 2019]
15. What is preventive relief? Describe the provisions relating to preventive relief as provided in the
Specific Relief Act, 1963. [JJS 2017]
16. Explain the general principles on the basis of which temporary injunction is granted. Also discuss
various kinds of injunction as provided under Specific Relief Act. State under what conditions can an
injunction be refused by the court? [OJS 2016]
17. Discuss the nature and character of preventive relief granted under the Specific Relief Act, 1963.
[UPJS 1982]
18. Can a co-owner file a suit for injunction against another co-owner? If so, under what circumstances?
[HJS 2022
19. What are the various kinds of injunctions and describe grounds to grant such injunctions?
[MPJS 2022]
20. Explain Temporary injunction and discuss when an injunction cannot be granted? [RJS 2021]
21. When perpetual Injunction can be issued and when it cannot be issued? Discuss difference between
temporary and perpetual injunctions. [GJS 2017]
14 Law is nothing but Common sense and Logic – A.K. Ranjan

Chapter 8 - Perpetual Injunctions

1. What remedy is available to ‘A’ in the following cases? Discuss with reasons: [JJS 2017]
(i) ‘B’ contracts with ‘A’ that he will serve him faithfully for twelve months as a clerk. Later on ‘B’
does not perform the contract.
(ii) ‘B’ contracts with ‘A’ that he will sing song for twelve months in ‘A’s’ theatre and he will not
sing at any other place. Later on ‘B’ does not perform the contact.
2. The Plaintiff was owner of land measuring 50 sq. yards whereon he constructed temporary shop and
started to run a dhaba/hotel. Subsequently. plaintiff permitted the defendant to run said dhaba/
hotel on theka for a period of one year vide agreement dated 17.1.1987. The defendant started to
pay Rs. 40/- per day as licence fee. Sometimes son of the plaintiff issued rent receipts to the defendant.
Plaintiff himself admitted defendant as a tenant in a notice sent through his advocate. The defendant
never disputed agreement dated 17-1-1987. The plaintiff filed a suit for Mandatory Injunction
seeking direction to defendant to handover the possession of premises in question. Whether suit for
Mandatory Injunction in maintainable? [DJS 2005]
3. Can a mandatory injunction be granted on an interlocutory application in a suit?
[HJS 1996; DJS 1996]
4. Write short note on Mandatory Injunctions. [UPJS 1992]
5. What are the circumstances under which an injunction in the mandatory form can be issued by
Court? Whether it can also be issued at interlocutory stage? [DJS 1996]
6. P filed a suit for permanent and mandatory injunction against D alleging that D was threatening to
dispossess him from his premises and had erected a wall infront of P’s door thereby blocking his
entry into his own house. P prays for interim mandatory injunction also directing D to remove the
wall so that he may use his premises. D opposes interim mandatory injunction on the main ground
that its grant would amount to decreeing the suit. Discuss the law and draft an order. [DJS 1999]
7. The plaintiff filed a suit for mandatory injunction seeking direction to defendant to handover the
possession of premises in question. Whether suit for mandatory injunction is maintainable. [DJS]
8. FACTS:
A along with his father (F) and mother (M) were joint owners of an immovable property which
comprised of a land and a dwelling house consisting of a ground floor, garage and first floor. F and
M had another son B. A deed of declaration was drawn up, whereby it was declared that A held an
undivided half share in aforementioned property as joint tenant. The deed, however, provided a right
to either party, to sever joint tenancy at any time. By another agreement A and F decided to hold the
property as tenants in common each having an undivided equal share in the property. F some years
later transferred his undivided equal share in the property to his other son B comprising of the garage
and ground floor. B died. The widow (X) and his two minor sons Y and Z acquired B’s undivided
half share in the property. X, Y and Z sold their share to a stranger S. S took possession of the ground
floor and garage.
Stand taken:
A filed a suit for Perpetual injunction on the ground that the superstructure built on the immovable
property was a dwelling house, even though he and his brother’s family lived separately there had
been no division by metes and bounds, and that the two families were living separately only by way
of convenience. S who is stranger to the family had no right of joint possession. In support of his
submission second paragraph of section 44 of the Transfer of Property Act was relied upon. Ad-
SPECIFIC RELIEF ACT, 1963 15
interim injunction was sought on the ground that irreparable harm would be caused to him which
could not be compensated by money.
In defence, X,Y and Z submitted that though late B was owning the land and superstructure thereon
in equal moiety with A. B in point of fact was holding the ground floor and garage in his individual
capacity, which position obtained even after the death of B. X, Y and Z had separate mess, and
separate water and electricity meters; X,Y and Z paid property taxes separately for portion of the
property in their possession. In these circumstances even though they were tenants in common,
there was already a partition of property by virtue of user.
Poser: In the background of the aforesaid facts, circumstances and stands taken by the opposite
parties, is A entitled to a mandatory injunction against S in a form which would result in ‘S’ being
evicted from the property? Give detailed reasons in support of your conclusion. [DJS 2010]
9. Explain the term mandatory injunction. Can mandatory injunction be issued in the following cases:
[BJS 1975]
(a) to restrain a person from moving a court for the redress of his grievances;
(b) to restrain the publication of a libel.
10. Explain in what circumstance a mandatory injunction is issued? [BJS 1980, 1986]
11. Distinguish between temporary, perpetual and mandatory injunction. Under what circumstances
can an injunction be refused? [BJS 2011, 1991, 1987; OJS 2016, 2008]
12. A filed a suit to restrain B from interfering with his possession and enjoyment of the disputed land.
B pleaded that his predecessor-in-title had purchased the land. The sale deed had been executed by
the vendor containing clear recital that A was in possession of the disputed property and that it
would be open to the vendee (B’s predecessor-in-title) to obtain possession from A. B did not file suit
for possession. Instead A filed suit for perpetual injunction.
In view of admission in title deed obtained by B, and concurrent findings recorded by courts below,
can B oppose perpetual injunction? Decide. [PJS 1998]
13. The plaintiff filed a suit against the defendant for mandatory injunction and damages with the facts
that the defendant has put a water pipe in his own wall and there is a leakage in the said water pipe
which resulted in seepage in his house and has damaged his house very badly and the water is coming
in his house through the wall of the defendant due to the said leakage.
Can this suit be decreed in favour of the plaintiff? If yes, what can be the directions to the defendant?
Decide with the help of relevant provision of law and decided case, if any. [PJS 2001]
14. Discuss the circumstances under which an injunction may be refused by the Court. [MPJS 2010]
15. Under what circumstances can injunction be refused by the court. [JJS 2019]
16. Explain the provision to award damages in a suit for injunction. [OJS 2004]
17. What do you understand by a mandatory injunction? State brief, the principles governing the grant
or refusal of a mandatory injunction. [OJS 2000]
18. Under what circumstances can the Court grant an injunction to perform a negative agreement?
[OJS 2000]
19. Discuss the principles and the restrictions regarding the granting of temporary injunctions, perpetual
injunctions and mandatory injunctions.
20. State where an injunction cannot be granted. [OJS 2004]
21. Can an ex-parte mandatory injunction be granted? If so, under what circumstances? [HJS 2022]
16 Law is nothing but Common sense and Logic – A.K. Ranjan

22. What is perpetual injunction? State the circumstances in which perpetual injunction may be granted.
[UKJS 2018]

Chapter 9 - The Specific Relief

1. Narrate the amendments made to the Specific Relief Act, 1963, by Act No. 18 of 2018, w.e.f. 1-10-
2018? [TJS 2019]
2. What are the discretions(s) and powers of the Court regarding Specific Performance and what changes
are introduced by amendment of 2018? [MPJS 2018]