Mains Questions

SPECIFIC RELIEF ACT

Preliminary (S. 1 to 4)

Q. 1. What do you understand by ‘specific relief’? Whether specific relief can be granted for enforcement of criminal law? [UPJS 2016]

Recovery of Specific Property (S. 5-8)

Q.1. “Justice demands that a person wrongly dispossessed of property should recover it,” Explain how Specific Relief Act is operating for this purpose. [HJS 2000]

Q. 2. A contracts to sell a piece of land to B for Rs. 20,000 and then puts him in possession of it. But he subsequently sells the same plot to C for Rs. 25,000. Thereupon C takes forcible possession of the property from B. Advise B as regards his remedies. [B&JJS 1977]

Q. 3. What are the main points of difference between actions for possession under Section 5 and 6 of the Specific Relief Act? [B&JJS 1984, HJS 1996, 1999]

Q. 4. Consider if any remedy under the Specific Relief Act is available to B : A illegally dispossesses B of a plot of land. [HJS 1996]

Q. 5. Discuss the provisions of Specific Relief Act, relating to recovery of possession of immovable property? [HJS 1998]

Q. 6. Can a person recover possession of immovable property if he was dispossessed:—
(i) being a tenant holding over after the expiry of the term;
(ii) being a trespasser; .
(iii) by a person having good title;
(iv) only partially;
(v) by the Government. [HJS 2006]

Q. 7. Under what circumstances can a person file suit for getting back possession of immovable property from which he has been dispossessed?
X was in possession of a house belonging to Y. Y dispossessed X from the house. X files suit for possession under the Specific Relief Act claiming that he was a tenant in the house. Y pleads that X was merely a licensee under a license deed. Y further contends that he had a right to revoke the license at any time. Y claims that he revoked the license and dispossessed X. Decide. [HJS 2007]

Q. 8. Within what period suit under section 6, Specific Relief Act can be filed against the Government? [RJS 1988]

Q. 9. Explain the provisions relating to recovery of possession of a specific movable and immovable property under the Specific Relief Act, 1963. [RJS 2014]

Q. 10. 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 five 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]

Q. 11. A is in possession of lands 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 defence denied forcible dispossession and also stated that suit for possession did 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]

Q. 12. A was inducted as a tenant in respect of premises in question by B for a period of three 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]

Q. 13. Answer the question.
Is a trespasser entitled to injunction from civil court against rightful owner of a house? If so, when? [DJS 2005]

Q. 14. On 01.01.2006 ‘A’ occupied an empty plot of land measuring 500 sq yds. which as per municipal records was in the name of ‘B’ a government employee. After one year ‘A’ built a two room house thereon. On 15-01-2015 ‘B’ forcibly dispossessed ‘A’. On 05-05-2015 ‘B’ filed a suit under Section 6 of the Specific Relief Act for possession against ‘A’.“A’ contested the suit on the ground that he was the real owner while “B’ contended that he was in “settled possession” till 15.01.2015. Decide. [DJS 2015]

Q. 15. Describe in detail the legal provision and essential elements of an ‘adverse possession’. [MPJS 2011]

Q. 16. What a plaintiff has to establish to succeed in a suit under Section 6? Whether the defeated plaintiff later on can file suit for declaration and possession on the basis of his title? [MPJS 2013]

Q. 17. 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]

Q. 18. “Justice demands that a person wrongfully dispossessed of property shall recover it.” Explain how is the Specific Relief Act, 1963 operating for this purpose [UPJS 1999, 1987]

Q. 19. Answer the question.
A has taken abode in a vacant house in which he has not title. B forcibly dispossesses him. Can A sue B for trespass? [UPJS 1999]

Q. 20. What remedies does Specific Relief Act provide with regard to the recovery of the Possession of immovable property to a person dispossessed of it? [UPJS 2003]

Q. 21. When can a person, who being not the owner is dispossessed of immovable property recover possession thereof ? [HJS 2006]

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