SPECIFIC RELIEF ACT
Q.(i) 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 disposed by N. On September 20, 1988 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?
(ii) A is the husband of W. A files a suit for declaration that a two years old 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 be prejudiced by deciding a question which will arise in future. Can a declaration be granted to A? (D.J.S. 1989)
Q.(a) Define and classify injunctions. Distinguish between mandatory and prohibitory injunction.
(b) A very eminent man writes letters on family topics to B. After the death of A and B, C who is B's residuary legatee, proposes to make money by publishing A's letters. D who is A's executor, sues for injunction to restrain C from publishing them.
(c) A sells an article called 'Mosquito Bomb' stating that it is compounded of rare and diverse germicides. B commences to sell a similar article to which he gives a name and description such as to lead people into the brief that they are buying A's 'Mosquito Bomb'. A sues B for an injunction to restrain the sale. B shows that A's Mosquito Bomb consists of nothing but a mixture of kerosene Oil and DDT. (D.J.S. 1990)
Q.(a) Define Injunction. On what principles a temporary injunction is granted? What is the difference between temporary injunction and perpetual injunction?
(b) Can a permanent injunction be granted to restrain the landlord from evicting the tenant from the premises in his possession?
(c) 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. (D.J.S. 1991)
Q. Which are those contracts which cannot be specifically enforced? Discuss with relevant case law (D.J.S. 1996)
Q. 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 put B in possession of house and balance amount of Rs.5 lacs 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 two months time to make balance payment. However within the time allowed by Court decree B fails to make payment of Rs.15 lacs. A then applies for rescission of decree and contract. Will A succeed? Discuss. (D.J.S. 1996)
Q. 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. (D.J.S. 1996)
Q. 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? (D.J.S. 1996)
Q. 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 in front 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. (D.J.S. 1999)
Q.(a) Section 10 of the Specific Relief Act provides for contracts, which can be specifically enforced. State and illustrate limitations of the Court in using its discretion in such matters.
(b) Is a suit maintainable for mere declaration by a Govt. employee that the order of his dismissal from service is illegal, without seeking for the relief regarding arrears of salary etc., in view of proviso to section 34 of the Specific Relief Act, which reads as follows : "Provided that no Court shall make any such declaration, where the plaintiff being able to seek further relief than a mere declaration of title omits to do so.” (D.J.S. 2000)
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