Specific Relief Act, 1963 Application-Based Scenario MCQs (Q26–50)

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Application-Based Scenario MCQs (26–50) — designed for Judicial Services aspirants, each with a clear scenario, correct answer, and a simple explanation.

🧠 Application-Based MCQs – Specific Relief Act, 1963 (Q26–50)

Q26. A is unlawfully dispossessed of his house by B. A files a suit under Section 6 after 8 months. Is it maintainable?

A) Yes, because A is the owner
B) No, as it exceeds the limitation period ✅
C) Yes, because B acted unlawfully
D) Only if A has a registered deed

✅ Answer: B
📘 Explanation: Suit under Section 6 must be filed within 6 months of dispossession, regardless of ownership title.

Q27. X signs a contract to perform in a musical show. Can this be specifically enforced?

A) Yes, because it is a valid contract
B) No, because it involves personal skill ✅
C) Yes, if consideration is paid
D) Only if the contract is notarized

✅ Answer: B
📘 Explanation: Section 14 prohibits specific performance of contracts involving personal qualifications or skill.

Q28. A vendor sells land without having title. Later, he acquires title. Can the purchaser enforce specific performance?

A) No, because title was absent initially
B) Yes, under Section 13 ✅
C) No, unless consideration is paid again
D) Only if mutation is done

✅ Answer: B
📘 Explanation: Section 13 allows the purchaser to enforce the contract if the vendor later acquires title.

Q29. A sues B for specific performance and also claims refund of earnest money. Is this valid?

A) No, both cannot be claimed
B) Yes, if claimed alternatively
C) Yes, as per Section 22 ✅
D) Only if agreement is registered

✅ Answer: C
📘 Explanation: Section 22 allows claim for refund of earnest money along with or in case specific performance is not granted.

Q30. P is in possession of an antique idol wrongfully taken from Q. Can Q file for its return?

A) No, as it is movable property
B) Yes, under Section 7 ✅
C) Only if there is a sale deed
D) Yes, under criminal law

✅ Answer: B
📘 Explanation: Section 7 allows recovery of specific movable property, such as antiques.

Q31. A contract involves complex infrastructure execution. Court refuses injunction. Justified?

A) No, injunction must be granted
B) Yes, as it delays public project ✅
C) No, unless project is in dispute
D) Only if State is a party

✅ Answer: B
📘 Explanation: Section 20A & 41(ha) bar injunctions in infrastructure contracts to avoid delay.

Q32. B refuses to perform his part of the contract. A gives 30-day notice and gets it done through C. Can A recover costs?

A) No, as contract was not enforced
B) Yes, under Section 20 ✅
C) Only through arbitration
D) No, substituted performance not allowed

✅ Answer: B
📘 Explanation: Section 20 allows substituted performance after a 30-day notice and enables recovery of actual costs.

Q33. X contracts with Y to paint his house. Y refuses after 3 days. Can X seek specific performance?

A) Yes, always
B) No, it’s a personal contract ✅
C) Yes, because breach occurred
D) Only if there’s loss

✅ Answer: B
📘 Explanation: Contract for personal skill (like painting) is not specifically enforceable.

Q34. M and N enter into a contract. M violates key terms. Can M claim specific performance?

A) Yes, breach doesn’t matter
B) Only if both parties agree
C) No, barred by Section 16 ✅
D) Only if N suffers loss

✅ Answer: C
📘 Explanation: Section 16 prohibits specific performance by a defaulting party.

Q35. A contract is partly performed. Can the other part be enforced?

A) Yes, always
B) No, never
C) Yes, in limited cases under Section 12 ✅
D) Only if registered

✅ Answer: C
📘 Explanation: Section 12 allows part performance enforcement in specific, limited situations.

Q36. D holds an item belonging to C in trust. Can C seek its return?

A) No, unless D agrees
B) Yes, under Section 8 ✅
C) No, it’s a criminal matter
D) Only if value exceeds ₹5,000

✅ Answer: B
📘 Explanation: Section 8 allows return of movable property held as trust or agent.

Q37. X enters into contract on behalf of a company not yet incorporated. Later, company ratifies it. Can performance be claimed?

A) No
B) Yes, under Section 15 ✅
C) Only by directors
D) No, contract is void

✅ Answer: B
📘 Explanation: Section 15 allows such company to enforce the contract if it ratifies it post-incorporation.

Q38. A refuses to perform after receiving money from B. Can B claim damages and performance together?

A) No, only one allowed
B) Yes, under Section 21 ✅
C) Only in tort cases
D) Yes, but not enforceable

✅ Answer: B
📘 Explanation: Section 21 allows both specific performance and compensation to be awarded.

Q39. In a suit for declaration, plaintiff seeks only status. Can court deny relief?

A) No, declaration is mandatory
B) Yes, if further relief is not sought ✅
C) No, if status is proven
D) Yes, if plaintiff is a minor

✅ Answer: B
📘 Explanation: Proviso to Section 34 says court may deny relief if further relief is possible but not claimed.

Q40. A seeks injunction against B from publishing defamatory material. B claims it is his right. Can court issue injunction?

A) Yes, if publication causes injury ✅
B) No, free speech cannot be restricted
C) Only if it’s written
D) No, defamation is criminal

✅ Answer: A
📘 Explanation: Court can prevent breach of obligation or injury to civil rights through injunctions.

Q41. L sues for cancellation of a fraudulent document that affects him. Can he get it cancelled?

A) Yes, under Section 31 ✅
B) No, not a party to it
C) Only through appeal
D) No, unless registered

✅ Answer: A
📘 Explanation: Section 31 allows cancellation of void or voidable instruments that may cause injury.

Q42. X signs a contract with a clause “non-compete for 2 years”. Can this negative agreement be enforced?

A) No, such clauses are void
B) Yes, under Section 42 ✅
C) Only in USA
D) Yes, but only criminally

✅ Answer: B
📘 Explanation: Section 42 allows courts to enforce negative covenants, even if positive ones aren’t.

Q43. Y resists enforcement of a contract by showing the agreement was varied orally. Is it a valid defence?

A) No, oral variation is not valid
B) Yes, under Section 18 ✅
C) Only if contract is not notarized
D) No, unless registered

✅ Answer: B
📘 Explanation: Section 18 allows enforcement only with variation if proven by fraud, mistake, or later agreement.

Q44. P sues Q for breach. The court refuses specific performance but finds breach proven. Can it award compensation?

A) No
B) Yes, under Section 21 ✅
C) Yes, but only tortiously
D) Only by arbitration

✅ Answer: B
📘 Explanation: Section 21 allows courts to grant compensation even if specific performance is denied.

Q45. K is a tenant. Owner unlawfully removes him. Can K seek possession under Section 6?

A) Yes ✅
B) No, as he’s not owner
C) Only if written lease exists
D) No, as tenancy ended

✅ Answer: A
📘 Explanation: Section 6 allows even a tenant in possession to sue if dispossessed unlawfully.

Q46. A contract was signed due to mutual mistake. Can it be rectified?

A) No, must be cancelled
B) Yes, under Section 26 ✅
C) No, as mistake was mutual
D) Only if both parties agree

✅ Answer: B
📘 Explanation: Section 26 allows rectification of written contracts due to fraud or mutual mistake.

Q47. B breaches a contract and offers to pay penalty. Can specific performance still be claimed?

A) No
B) Yes, if sum was for securing performance ✅
C) Only if agreed by both
D) Only in criminal courts

✅ Answer: B
📘 Explanation: Section 23 says specific performance is allowed even if damages are named, unless damages were meant to replace performance.

Q48. D gets performance done through another after breach. Can he still claim specific performance?

A) Yes
B) No, under Section 20(3) ✅
C) Yes, if agreed
D) No, unless paid full consideration

✅ Answer: B
📘 Explanation: Once substituted performance is undertaken, specific performance cannot be claimed under Section 20(3).

Q49. X files for specific performance but court rejects it. Can he now file a suit for compensation?

A) Yes
B) No, barred by Section 24 ✅
C) Yes, if appeal fails
D) No, unless registered

✅ Answer: B
📘 Explanation: Section 24 bars suit for compensation after dismissal of a suit for specific performance.

Q50. A contract is executed by a minor through guardian. Can specific performance be claimed?

A) Yes, automatically
B) No, unless ratified after majority ✅
C) Only with court’s approval
D) Yes, if registered

✅ Answer: B
📘 Explanation: A contract by a minor is void; it can be enforced only if ratified after attaining majority.

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