SRA : Practice Questions and Answers

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118 practice sets · Page 1 of 6

SraMediumRecovering Possession Of Property

If a person is dispossessed without his consent of immovable property otherwise than in due course of law, he may file a suit to recover possession under Section 6 of the Specific Relief Act within:

Three months from the date of dispossession

Six months from the date of dispossession

Twelve months from the date of dispossession

Three years from the date of dispossession.

View Answer

Correct Answer: B — Six months from the date of dispossession

Explanation:

Section 6 in The Specific Relief Act, 1963:- Suit by person dispossessed of immovable property.

SraEasyRecovering Possession Of Property

Against whom can a suit can not be brought under Section 6?

Private individuals

Government

Cooperations

Anyone possessing the property unlawfully

None of the above

View Answer

Correct Answer: B — Government

Explanation:

Government. Section 6 of the Specific Relief Act deals with the provision related to suit by a person dispossessed of immovable property.

SraEasyInjunctions

A temporary injunction continues-

For a stipulated time

Until further orders of the Court

Forever

Either 1 or 2

None of the above

View Answer

Correct Answer: D — Either 1 or 2

Explanation:

Ither 1 or 2. Temporary injunctions :- The primary purpose of temporary or interim sometimes referred to as interlocutory injunctions is the preservation of the status quo of the property (subject-matter) in dispute until the legal rights and confl.

SraEasySpecific Performance Of Contracts

How is the fee for the expert's services determined according to Section 14A?

It is predetermined by the expert

It is based on the financial status of the parties involved

It is fixed by the court

It is waived if the expert's opinion is not favourable to either party

None of the above

View Answer

Correct Answer: C — It is fixed by the court

Explanation:

It is fixed by the court. Section 14(A) of the Specific Relief Act deals with the power of the court to engage experts in a specific relief suit.

SraEasyRectification And Cancellation Of Instruments

A mutual mistake of the parties in an instrument, which does not express their real intention, can be got rectified by either party to the instrument;

By instituting a suit under Registration Act, 1908.

By filing an application under Section 152 of the Code of Civil Procedure, 1908.

By instituting a suit under Section 26 of the Specific Relief Act, 1963.

Cannot be rectified.

View Answer

Correct Answer: C — By instituting a suit under Section 26 of the Specific Relief Act, 1963.

Explanation:

Section 26 of Specific Relief Act 1963 deals with When instrument may be rectified.

SraEasyInjunctions

A plaintiff files a suit for permanent injunction. Under Section 40 of the Specific Relief Act, 1963:

The plaintiff cannot claim damages in addition to relief of injunction.

The plaintiff can only claim damages in substitution for such injunction.

The plaintiff can claim both injunction and damages.

Where the plaintiff claims both injunction and damages, the suit is bound to be dismissed.

None of the above

View Answer

Correct Answer: C — The plaintiff can claim both injunction and damages.

Explanation:

Correct answer is The plaintiff can claim both injunction and damages.

SraEasyInjunctions

Injunction to perform negative agreement is laid down in which section of the specific Relief Act:

Section 41

Section 42

Section 40

Section 43

None of the above

View Answer

Correct Answer: B — Section 42

Explanation:

Section 42 section 42 Injunction to perform negative agreement.

SraEasyInjunctions

A temporary injunction under Section 37 of the Specific Relief Act, 1963 can be granted by the court:

Only immediately after filing of the suit.

It can be granted at any stage of the suit.

It can be granted at any stage of the suit and even after the suit is disposed of.

No such injunction can be granted.

None of the above

View Answer

Correct Answer: B — It can be granted at any stage of the suit.

Explanation:

It can be granted at any stage of the suit. Section 37 of SRA provides Temporary and perpetual injunctions.

SraEasySpecific Performance Of Contracts

If the contract is performed after Breach of contract through a third party or by the suffering party's agency, which of the following statements is true?

The suffering party cannot claim compensation from the defaulting party

Specific performance can be claimed against the party in breach

The suffering party cannot recover any expenses incurred

The suffering party can still claim expenses incurred from the defaulting party

None of the above

View Answer

Correct Answer: D — The suffering party can still claim expenses incurred from the defaulting party

Explanation:

The suffering party can still claim compensation from the defaulting party. Section 20 : Substituted Performance of Contract : A party suffering from a breach can opt for substituted performance through a third party or by their agency.

SraEasyRectification And Cancellation Of Instruments

10.

The process of partial cancellation of instruments is mentioned under Section ______ in The Specific Relief Act of 1963.

Section 32

Section 41

Section 15

Section 7

None of the above

View Answer

Correct Answer: A — Section 32

Explanation:

Section 32. Partial cancellation of instruments :- The process of partial cancellation of instruments is mentioned under Section 32 in The Specific Relief Act of 1963.

SraEasyRectification And Cancellation Of Instruments

11.

What instruments may be partially cancelled:

Where an instrument is evidence of different rights or different obligations

Where a defendant successfully resists any suit

Where any person against whom any written instrument is void or voidable

Where the instrument has already been fully performed

View Answer

Correct Answer: A — Where an instrument is evidence of different rights or different obligations

Explanation:

Section 32. What instruments may be partially cancelled.—Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue.

SraEasySpecific Performance Of Contracts

12.

The specific performance of a contract shall be enforced by the court:

Subject to the provision of the Civil Procedure Code

Subject to the provision of the Indian Contract Act

Subject to the provision of the Limitation Act

Subject to the provisions of sub-section (2) of section 11, section 14 and section 16 of the Specific Relief Act

View Answer

Correct Answer: D — Subject to the provisions of sub-section (2) of section 11, section 14 and section 16 of the Specific Relief Act

Explanation:

Section 10 of the Specific Relief Act was amended and substituted by Act no 18 of 2018. Amendment was made to strengthen the enforcement of specific performance of a contract.

SraEasySpecific Performance Of Contracts

13.

Under section 14A of the Specific Relief Act, the fee of an expert is fixed by__________.

Court

Parties to the case

Revenue Collector

Either of them

None of the above

View Answer

Correct Answer: A — Court

Explanation:

UnderSection 14A of the Act the court has the power to engage experts.

SraEasySpecific Performance Of Contracts

14.

Which of the following sections of the Specific Relief Act, 1963 deals with the recovery of movable property?

Section 4

Section 5

Section 6

Section 7

View Answer

Correct Answer: D — Section 7

Explanation:

Section 7 of the Specific Relief Act, 1963 deals with the recovery of specific movable property.

SraEasyInjunctions

15.

Which section of the Specific Relief Act, describes temporary Injunction

None of the above

View Answer

Correct Answer: C — 37

Explanation:

Section 37 of SRA Temporary and perpetual injunctions.—(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the Code.

SraEasySpecific Performance Of Contracts

16.

Which section laid down the provision regarding Specific performance of part of Contract?

Section11

Section12

Section13

Section14

None of the above

View Answer

Correct Answer: B — Section12

Explanation:

Section 12 Section 12. Specific performance of part of contract.— (1) Except as otherwise hereinafter provided in this section the court shall not direct the specific performance of a part of a contract.

SraEasyDeclaratory Decrees

17.

Under Specific Relief Act, Declaratory decree is provided under which chapter –

Chapter III

Chapter IV

Chapter V

Chapter VI

Chapter VII

View Answer

Correct Answer: D — Chapter VI

Explanation:

Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act and is the present law which governs declaratory reliefs in India.

SraEasySpecific Performance Of Contracts

18.

Any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for: Mark the correct statement in relation to Section 22:

Possession, or partition and separate possession, of the property, in addition to such performance

Refund of any earnest money or deposit paid or made to him, in case his claim for specific performance is refused

No relief shall be granted by the court unless it has been specifically claimed

All of the above

None of the above

View Answer

Correct Answer: D — All of the above

Explanation:

Section 22. Power to grant relief for possession, partition, refund of earnest money, etc.

SraEasySpecific Performance Of Contracts

19.

If the contract is performed after Breach of contract through a third party or by the suffering party's agency, which of the following statements is true?

The suffering party cannot claim compensation from the defaulting party

Specific performance can be claimed against the party in breach

The suffering party cannot recover any expenses incurred

The suffering party can still claim expenses incurred from the defaulting party

None of the above

View Answer

Correct Answer: D — The suffering party can still claim expenses incurred from the defaulting party

Explanation:

SraEasySpecific Performance Of Contracts

20.

Any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for:

Possession, or partition and separate possession of the property, in addition to such performance

Refund of any earnest money or deposit paid or made to him, in case his claim for specific performance is refused.

Both 1 and 2

None of the above.

View Answer

Correct Answer: C — Both 1 and 2

Explanation:

Oth 1 and 2 Section 22 - Power to grant relief for possession, partition, refund of earnest money, etc.

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