Recovering Possession Of Property : SRA MCQ Practice Questions & Answers (English) - ObjectiveMcq

Recovering Possession Of Property in SRA : Practice MCQ Questions & Answers with Explanations

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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.

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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.

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No suit for recovery of possession shall be brought under Section 6 of Specific Relief Act, 1963 against :-

Government

A Public Company

A Private Company

All of above

None of the above

View Answer

Correct Answer: A — Government

Explanation:

Government. Section 6 of Specific Relief Act 1963 deals with suit by person dispossessed of immovable property.

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Section 6 of the Limitation Act, 1963 is available to

Plaintiffs

Defendants

Respondents

None of the above

View Answer

Correct Answer: A — Plaintiffs

Explanation:

Plaintiffs Legal Disability in Initiating Legal Proceedings: (1) If a person entitled to file a lawsuit or apply for the execution of a decree is a minor, insane, or an idiot at the commencement of the prescribed period, they can initiate the suit.

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A person entitled to the possession of specific immovable property may bring a suit for recovery of the same within-

6 months

1 year

12 years

20 years

None of the above

View Answer

Correct Answer: A — 6 months

Explanation:

6 years. Section 5 of the Specific Relief Act deals with the recovery of specific immovable property.

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Under Section 6 of the Specific Relief Act, 1963, a person cannot sue for recovering the possession of immovable property;

After six months from the date of dispossession

After nine months from the date of dispossession

After twelve months from the date of dispossession

After twenty-four months from the date of dispossession

None of the above

View Answer

Correct Answer: A — After six months from the date of dispossession

Explanation:

Section 6 of the Specific Relief Act, 1963 provides- 1. Suit for Recovery of Possession: If any person is dispossessed without his consent of immovable property (real estate) in a manner not in accordance with the law, that person or anyone claiming.

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The limitation period prescribed for bringing a suit for recovery of possession under Section 6 of SRA is-

Three months from the date of dispossession

Six months from the date of dispossession

One year from the date of dispossession

There is no limitation

None of the above

View Answer

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

Explanation:

Six months from the date of dispossession. Section 6 of the Specific Relief Act deals with the provision related to suit by a person dispossessed of immovable property.

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In which of the following cases, it has been held by the Supreme Court that mere possessory title is good enough to maintain an action under Section 5 of SRA –

Somnath v. Raju, 1969

State of M.P. v. Sawan Kumar, 1987

Kamaal Singh v. State of Haryana, 2000

P.K. Dutt v. State of H.P. ,2001

None of the above

View Answer

Correct Answer: A — Somnath v. Raju, 1969

Explanation:

Section 5: Recovery of specific immovable property. A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).

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Under Section 6 of the Specific Relief Act, 1963, a person cannot sue for recovering the possession of immovable property;

After six months from the date of dispossession

After nine months from the date of dispossession

After twelve months from the date of dispossession

After twenty-four months from the date of dispossession

View Answer

Correct Answer: A — After six months from the date of dispossession

Explanation:

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10.

Section 5 of the Specific Relief Act, 1963, provides for?

Recovery of specific movable property

Recovery of specific immovable property

Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws

Suit by person dispossessed of immovable property

None of the above

View Answer

Correct Answer: B — Recovery of specific immovable property

Explanation:

Recovery of specific immovable property. Section 5 of the Specific Relief Act, 1963, provides for the Recovery of specific immovable property.

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11.

Which of the following contract can be specifically enforced as per the provisions of Specific Relief Act, 1963:

A contract where substituted performance has already been obtained under section 20 of SRA.

A contract, the performance of which involves the performance of a continuous duty which the court can supervise.

A contract dependent on the personal qualification of the parties.

A contract which is in its nature determinable.

None of the above

View Answer

Correct Answer: B — A contract, the performance of which involves the performance of a continuous duty which the court can supervise.

Explanation:

Section 10 declares the specific performance of a contact shall be enforced by the court subject to section 11(2), Section 14 and 16 of the SRA.

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12.

Under Section 6 of the Specific Relief Act:

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

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

Both 1 and 2 are correct

Both 1 and 2 are incorrect.

View Answer

Correct Answer: C — Both 1 and 2 are correct

Explanation:

Section 6 Suit by person dispossessed of immovable property.—(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession there.

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13.

Suit under Section 8 of the Specific Relief Act, 1963, is not competent:

Against a person who is the owner of the article claimed.

Against a person who has the possession or control over the article

In respect of an article for which compensation in money is not an adequate relief.

In case where ascertainment of damages is extremely difficult

None of the above

View Answer

Correct Answer: A — Against a person who is the owner of the article claimed.

Explanation:

Section 8: Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.