SPECIFIC RELIEF ACT
Specific Performance of Contract (Ss. 9-25)
Q.1 What is necessarily to be averred and proved by the person seeking specific performance of a contract? [DJS 2008]
Q.2. Will the following contracts be specifically enforceable if so, under what circumstances?
(i) A contract to construct a building.
(ii) A contract to execute a mortgage.
(iii) A contract to sell property to which the seller has no title at the time of the contract but which he acquires later on. [B&JJS 1977]
Q. 3. (a) In what cases the specific performance of the contract can be granted?
(b) Are the following contracts specifically enforceable?
(i) 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.
(ii) A who is commercial painter agrees to paint a portrait of B. Later on A refuses to do so. [B&JJS 1978]
Q. 4. State with a arguments whether the following contract can be specifically enforced:—
(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. refuse to deliver the car.
(c) P an expert in the law of contract is engaged by a University to deliver 15 lectures on Law of Contract at the rate of Rs. 50 per lecture. P delivers two lectures, and thereafter refuses to deliver the rest. [B&JJS 1979]
Q. 5. Who can claim Specific Performance and when can Specific Performance be refused? [B&JJS 1980]
Q. 6. Giving suitable illustrations state the various kinds of contracts in which specific performance could be and could not be got enforced. [B&JJS 1984]
Q.7. ‘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 Performance. [B&JJS 1986]
Q. 8. Who can claim Specific Performance? What guiding principles should be followed by a Court while exercising its discretion to grant specific performance of a contract? Discuss in detail. [B&JJS 1987]
Q. 9. Write short note on equitable remedies in contract. [B&JJS 1991]
Q. 10. When a contract can be specifically performed? [B&JJS 2006]
Q. 11. State the cases in which specific performance of a contract can be enforced and when cannot be enforced. [HJS 1996, JJS 2014]
Q. 12. ‘A’ contracts with ‘B’ to lend money to ‘B’ on a mortgage. Can specific performance of this contract be enforced? Give reasons. [JJS 2014]
Q. 13. Mention the contracts which can be specifically enforced. [HJS 1984]
Q. 14. A offered to buy B’s bungalow ‘ML’ for Rs. 6.000, and B’s agent cabled to B, ‘Have had offer ML Rs. 6,000’. The agent received the reply, ‘Wont accept less than Rs. 10,000’. A accepted the price of Rs. 10,000 and confirmed his acceptance by sending a letter to the agent. But B sold the bungalow to someone else for a higher price. A sues B for specific performance of the contract. Can A succeed? [HJS 1986]
Q. 15. (a) What are the principles on the basis of which specific performance of a contract is decreed or refused?
(b) State whether specific performance of the following contracts can be obtained:—
(i) a contract to marry,
(ii) a contract to lend money on a mortgage.
(iii) a contract by a guardian to purchase immovable property on behalf of minor. [HJS 1988]
Q. 16. What is specific performance with a variation? [HJS 1988]
Q. 17. Consider if any remedy under the Specific Relief Act is available to B: A agrees to lend B Rs. 20,000 on Interest but later refuses. [HJS 1996]
Q. 18. “As a general rule, the court will not direct the specific performance of a part of a contract”, Comment. Is there any exception to the above rule? [HJS 1998]
Q. 19. When may the court order specific performance of the contract and when it must refuse to do so? [HJS 1999]
Q. 20. Can the following contract be enforced?
(i) A contract to execute a mortgage.
(ii) A contract to construct building. “
(iii) A contract to translate book into another language. [HJS 1999]
Q. 21. List out the persons in whose favour specific performance cannot be enforced under the Specific Relief Act, Section 16. [HJS 2007]
Q. 22. Can the following contracts be specifically enforced?
(i) A contract to execute mortgage,
(ii) A contract to lend money,
(iii) A contract to construct a building,
(iv) A contract to translate a book into other language.
(v) Arun, the owner of the hotel, contracts with Balwant, to give him accommodation therein for the sale of his hosiery products and to furnish the accommodation with necessary furniture. Arun refuses to perform the contract. [HJS 2009]
Q. 23. 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]
Q. 24. Can a Court grant part performance of a contract on the option of (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? [HJS 2015]
Q. 25. 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]
Q. 26. Can a court grant specific performance of a contract for service? [RJS 1980-81]
Q. 27. A is entitled to some land under his father’s will on condition that, if he sells it within twenty five years, half the purchase money shall go to B. A forgetting the condition, contracted, before the expiration of twenty five 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]
Q. 28. 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 the Legislature. This Act placed no restrictions 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]
Q. 29. 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]
Q. 30. A agreed to lend Rs. 10,000/- to B on B’s mortgaging his house in favour of A. B committed breach. A filed a suit for specific performance of the contract. Decide giving reasons. [DJS 1979]
Q. 31. 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 of that land. Decide giving reasons. [DJS 1979]
Q. 32. “A” agreed to sell a piece of land to “B” who paid a part of consideration as advance and an agreement to complete the sale by a specified date was executed. “B” paid a further sum and time for executing the sale deed was extended. On the non-payment of balance consideration by the due date again the vendor “A” gave notice cancelling the contract and sold the property to “C”. In a suit filed by “B” seeking specific performance, plea was taken in defence that time was the essence of the contract; thus “B” is not entitled to the relief. Decide the case supported by reasons. [DJS 1982]
Q. 33. Can the following contracts be enforced specifically?
(i) A contract for the sale of property which is under attachment by Court’s order.
(ii) Mere agreement to enter into a contract.
(iii) Contract to marry.
(iv) 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. [DJS 1991]
Q. 34. Which are those contract which cannot be specifically enforced? Discuss with relevant case law. [DJS 1996, UPJS 1986]
Q. 35. What contracts cannot be specifically, enforced under the provisions of Specific Relief Act. [DJS 1999]
Q. 36. Section 10 of the Specific Relief Act provides for contracts, which can be specifically enforced. State and illustrate limitation of the Court in using its discretion in such matters. [DJS 2000]
Q. 37. Whether following contracts can be specifically enforced:-
(i) A contracts with B to sing for the latter for one year at B’s theater;
(ii) A contract of transfer of immovable property;
(iii) A contract to sell a picture by a well known dead painter;
(iv) A contract to charter an aeroplane;
(v) A contract to refer a dispute to arbitration. [DJS 2005]
Q. 38. ‘A’ and ‘B’ enter into a contract to become partners in a shoe 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]
Q. 39. A entered into an agreement to sell his house to B. It was a term of the said agreement that upon failure of A to perform his part of the agreement, he shall be liable to pay to B double the amount of earnest money paid by B to A at the time of agreement to sell. The sale was to be completed on or before 15th January, 2008. A failed to perform his part of the agreement. B instituted a suit in or about first week of February, 2008 for permanent injunction against A for restraining A from selling the property to any other person. Interim injunction was not granted to B. B thereafter did not pursue the said suit and withdrew the said suit in of about March, 2008. B thereafter wrote to A that since A was in breach of the agreement, A should pay double the amount of earnest money to B. A did not reply to the said letter. B thereafter in or about 1st week of August, 2008 instituted a suit for specific performance of the agreement to sell against A and filed an application under Order 39 Rules 1 and 2 CPC for restraining A during the pendency of the suit from selling the property, Decide the said application. [DJS 2008]
Q. 40. ‘H’, the husband entered into an agreement to sell with the plaintiff for sale of a house for Rs. 1.10 crores. The vendee (the plaintiff) paid a sum of Rs. 11 lakhs as earnest money and the remaining amount of Rs. 99 lakhs was to be paid at the time of execution and registration of the sale deed. The vendor’s wife ‘W’ sent a notice to the vendee as well as the vendor ‘H’ calling upon them to cancel the agreement as she was owner of one half share having devolved upon her on death of her son. In the notice she stated that she was not willing to sell her share and was ready to purchase the share of the vendor ‘H’. The vendee replied that the agreement was binding on her and the notice had been given in collusion with the vendor ‘H’. The vendee files a suit for specific performance. Decide. [DJS 2011]
Q. 41. Chanda (hereinafter “the plaintiff” or “the purchaser”) has filed suit against Kamla (hereinafter “the defendant” or “the seller”) for specific performance of agreement to sell her two-storied house (hereinafter “the suit property”). The defendant pleaded that the agreement stood annulled and the earnest money forfeited as the plaintiff had failed to perform her part of the agreement. The following facts stand proved at the trial:
(a) The agreement was executed on 26.08.2011 for sale of the suit property for total consideration of Rupees 10,00,000/- (Ten Lakh only), out of which Rupees 1,00,000/- (One lakh only) was paid as earnest money at the time of agreement, on the following terms:
(i) Rupees 8,00,000/- (Eight Lakh only) shall be paid within a period of ten days only from the date of agreement and the balance at the time of registration of sale deed.
(ii) The seller would get the first floor vacated by tenant and hand over the vacant possession of said portion with title deeds to the purchaser by 30.09.2011.
(iii) The seller shall apply immediately for permission to sell from Income Tax authority and after obtaining such clearance execute the sale deed on or before 31.10.2011, handing over at that stage the vacant possession of the remainder of the suit property to the purchaser.
(iv) Failure to execute and get registered the sale deed within the stipulated period on part of seller would confer on the purchaser right to get double the amount of earnest money as damages.
(v) Failure on the part of the purchaser to pay the balance sale consideration and get the sale deed executed and registered within the specified period would entail forfeiture of earnest money and the agreement being treated as null and void by the seller.
(b) The defendant got the first floor vacated by the tenant on 20.09.2011. The remainder of the suit property was already in her possession.
(c) On 10.09.2011, the plaintiff sent a notice stating that ready money was available for purchase of the property calling upon the defendant to complete the sale. The defendant sent a reply on 15.09.2011 taking the stand that since the amount of Rupees
8,00,000/- (Eight lakh only) was not paid within ten days of the agreement, the agreement stood annulled and earnest money forfeited. On 24.09.2011, the plaintiff sent response reminding the defendant of liability under the agreement to hand over vacant possession of the first floor by 30.09.2011 and calling upon her to comply well before or latest by said date and obtain the further part consideration of Rupees 8,00,000/- (Eight Lakh only) from the plaintiff.
The plaintiff submits that suit for specific performance is bound to be decreed since in such agreements time is not of essence of the contract and compensation would not afford adequate relief.
The defendant prays for dismissal arguing that:
(a) The agreement is not specifically enforceable since it provided for liquidated damages.
(b) Time was of the essence of the contract and since payment was not tendered within the period specified in the agreement it had become null and void.
(c) The plaintiff was never ready and willing to perform her part of the Contract and so was not entitled to any relief.
Decide. [DJS 2014]
Q. 42. Is specific performance of part of a contract permissible in law? If so, then under what circumstances? Give illustrations. [MPJS 2010]
Q. 43. What defence 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 2011]
Q. 44. When can the court enforce specific performance of a contract and under what circumstances the specific performance of the contract would be denied by the court? [MPJS 2015]
Q. 45. Detail the circumstances under which specific performance of a contract can not be enforced. Can the following contracts be enforced:
(i) A contract to execute a mortgage;
(ii) A contract to lend Rs. 2000/-
(iii) A contract to construct a building. [UPJS 1982]
Q. 46. 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? Is so under what circumstances? [UPJS 1984]
Q. 47. “The remedies for non-performance of duties are either compensatory or specific.” Explain the statements briefly in the context of specific reliefs available under the Specific Relief Act. [UPJS 1985]
Q. 48. Who are the persons capable of getting relief under the Specific Relief Act, 1963? [UPJS 2000]
Q. 49. Write the contracts which cannot be specifically enforced under the Specific Relief Act,1963. Support your answer with suitable illustrations. [UPJS 2013]
Q. 50. Which are the contracts which would be specifically performed under the Specific Relief Act, 1963? Explain about the recession of contracts with illustrations. [UPJS 2015]
Q. 51. In a suit for Specific Performance of Contract, what facts a plaintiff is required to prove? Discuss. [B&JJS 1991]
Contracts which is Specifically Enforceable (S. 10)
Q. 1. What are the cases in which specific performance of contract is enforceable? [RJS 1984]
Q. 2. Enumerate and explain the cases in which specific performance of contract is enforceable. [MPJS 2012]
Contracts which is not Specifically Enforceable (S. 14)
Q.1. X contracts with Y to sing for 12 months for Y’s theatre in Patna. X comes to Patna and is willing to act for Y. Y keeps X idle for four months though he pays his salary regularly, X feeling bored, engages himself in singing elsewhere. What advice would you give to 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. [B&JJS 1975]
Q. 2. Consider if any remedy under the Specific Relief Act is available to B. Mr. A and Miss B enter into an agreement that they shall marry each other and none else during their life. A in breach of the agreement is going to marry another woman. [HJS 1996]
Q. 3. Which contracts cannot be specifically enforced? [DJS 2008]
Discretion and Power of the Court (Ss. 20-25)
Q. 1. Elaborately discuss the principles guiding the discretion of the court in granting decree for specific performance of the contract. [RJS 2015]
Q. 2. 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]
Q. 3. Enumerate cases in which the court may properly exercise discretion not to decree specific performance. [MPJS 2014]
Q. 4. When Court may award compensation to plaintiff in a suit of Specific Performance of a Contract. Whether the relief of possession and partition can be granted by the Court in such suits? Explain. [MPJS 2012]