Module 5 Important Questions and Answers
PART A — IMPORTANT 2 MARK QUESTIONS
1. What is Specific Relief?Specific relief means relief granted by court through actual
enforcement of rights instead of monetary compensation.
2. Define Specific [Link] performance is a decree by court directing parties to
actually perform contractual obligations.
3. What is Injunction?An injunction is an order of court restraining a person from doing a
particular act.
4. Define [Link] means cancellation or termination of a contract by court or
parties.
5. What is Rectification?Rectification means correction of mistakes in written instruments to
reflect true intention of parties.
6. What is Declaratory Relief?A declaratory decree is a judicial declaration determining rights
or legal status of parties.
7. Define Cancellation of [Link] means setting aside a written instrument
that is void or voidable.
8. What is Preventive Relief?Preventive relief prevents wrongful acts through injunctions.
9. What is Temporary Injunction?Temporary injunction is interim relief granted until disposal
of suit.
10. Define Perpetual Injunction.A perpetual injunction permanently restrains a party after final
judgment.
11. What is Mandatory Injunction?Mandatory injunction compels performance of a positive
act.
12. What is Recovery of Possession?Recovery of possession means restoration of lawful
possession of property through court.
13. What is a Voidable Contract?A voidable contract is enforceable unless rescinded by
aggrieved party.
14. What is Discretionary Relief?Relief granted according to court’s discretion based on justice
and fairness.
15. Define Preventive [Link] justice aims to stop injury before it occurs rather than
compensating afterward.
IMPORTANT 10 MARK QUESTIONS WITH ELABORATED ANSWERS
1. Explain Specific Performance under the Specific Relief Act, 1963.
Answer:Specific performance is an equitable remedy where court orders actual performance of
contractual obligations instead of awarding [Link] is governed by the Specific Relief Act,
1963.
Meaning and Nature:Normally, damages are primary remedy for breach of contract.
However, where damages are inadequate, court may direct actual performance.
Essentials for Grant of Specific Performance
1. Valid Contract Must Exist:Contract should be lawful and enforceable
2. Plaintiff Must Perform Obligations:Person seeking relief must show readiness and
willingness.
3. Damages Must Be Inadequate:Specific performance is granted when monetary
compensation is [Link]:Sale of unique immovable property.
Contracts Specifically Enforceable
(a) Contracts relating to immovable property:Land is considered unique.
(b) Contracts where compensation inadequate
(c) Certain commercial contracts
Contracts Not Specifically Enforceable
1. Personal Service Contracts:Court cannot compel personal
[Link]:Employment contracts.
2. Contracts dependent on personal skill:Example:Painting by famous artist.
3. Determinable Contracts:Contracts revocable at will.
4. Continuous Duty Contracts:Where constant supervision needed.
Important Case:K.S. Vidyanadam v Vairavan,Court discussed readiness and willingness in
specific performance.
Effect of Specific Performance
● Parties compelled to fulfill promises
● Protects contractual expectations
● Particularly important in property disputes
Conclusion:Specific performance is an equitable remedy granted when damages are inadequate
and justice requires actual enforcement.
2. Explain Injunctions and Different Types of Injunctions.
Answer:An injunction is a judicial order restraining or compelling certain [Link] is preventive
relief under the Specific Relief Act.
Purpose of Injunction
● Prevent irreparable injury
● Maintain status quo
● Protect legal rights
Types of Injunctions
1. Temporary (Interim) Injunction:Granted during pendency of suit.
Conditions for Grant
(a) Prima Facie Case:Applicant must show reasonable case.
(b) Balance of Convenience:Greater hardship should not be caused.
(c) Irreparable Injury:Injury cannot be compensated by damages.
2. Perpetual Injunction:Granted permanently after final [Link] defendant forever
from wrongful act.
3. Mandatory Injunction:Compels positive [Link]:Removal of illegal construction.
4. Prohibitory Injunction:Restrains commission of wrongful act.
Situations Where Injunction Not Granted
● Plaintiff has no personal interest
● Conduct unfair
● Adequate alternative remedy exists
Important Case:Gujarat Bottling Co. Ltd. v Coca Cola [Link] explained principles governing
injunctions.
Conclusion:Injunctions are important equitable remedies protecting rights and preventing future
harm.
3. Explain Rescission and Cancellation of Contracts.
Answer:Rescission :Rescission means cancellation of contract and restoration of parties to
original position.
Grounds for Rescission
● 1. Coercion
● 2. Fraud
● 3. Misrepresentation
● 4. Undue Influence
● 5. Failure to Perform Essential Terms
Effects of Rescission
● Contract terminated
● Parties restored to original position
● Benefits returned
Cancellation of Instruments: Court may order cancellation of written instrument if:
● Void
● Voidable
● Causes serious injury if left outstanding
Examples
● Fraudulent sale deed
● Forged document
Difference between Rescission and Cancellation
Basis Rescission Cancellation
Nature Ends contract Cancels written document
Scope Entire contract Instrument/document
Objective Restore parties Remove invalid document
Conclusion:These remedies protect parties from unfair, fraudulent, or defective transactions.
4. Explain Rectification of Instruments.
Answer:Rectification means correction of written document when it does not express true
intention of parties because of fraud or mistake.
Essentials of Rectification
1. Valid Prior Agreement:There must be genuine agreement.
2. Mistake or Fraud:Written document must incorrectly record terms.
3. Mutual Mistake:Generally both parties mistaken.
Purpose of Rectification:Court corrects document to reflect real intention.
Example:Parties intended sale of Plot No. 15 but document mistakenly mentions Plot No.
[Link] may rectify document.
Situations Where Rectification Granted
● Clerical errors
● Typographical mistakes
● Incorrect property description
Situations Where Rectification Refused
● No prior agreement
● Unilateral mistake alone
● Illegal agreement
Conclusion:Rectification preserves actual intention of contracting parties and prevents injustice.
5. Explain Declaratory Decrees under the Specific Relief Act.
Answer:A declaratory decree is a judicial declaration regarding legal status or rights of
[Link] merely declares rights without ordering enforcement.
Essentials of Declaratory Relief
1. Plaintiff Must Have Legal Character or Right
2. Defendant Must Deny Such Right
3. Court Must Be Satisfied About Entitlement
Examples
● Declaration of ownership
● Declaration of legitimacy
● Declaration regarding validity of document
Purpose
● Remove uncertainty
● Prevent future disputes
● Clarify legal relationships
Situations Where Refused
● Mere academic question
● No legal right involved
● Plaintiff able to seek further relief but omits it
Important Case:Vemareddy Kumaraswamy Reddy v State of Andhra [Link] discussed
scope of declaratory relief.
Conclusion:Declaratory decrees clarify rights and help avoid future litigation.
6. Explain Recovery of Possession under the Specific Relief Act.
Answer:Recovery of possession refers to restoration of possession of immovable or movable
property to lawful owner.
Types of Recovery
1. Recovery of Immovable Property :Person dispossessed without lawful authority may
recover possession through court.
Essentials
● Plaintiff has legal title or possession
● Defendant unlawfully dispossessed plaintiff
2. Recovery of Movable Property : Court may order return of movable
[Link]:Wrongfully detained vehicle or jewellery.
Possessory Remedies :Even person without ownership but having lawful possession may seek
remedy against unlawful dispossession.
Objective
● Protect peaceful possession
● Prevent unlawful force
● Maintain public order
Conclusion :Law protects lawful possession and provides judicial remedies against wrongful
dispossession.
MOST EXPECTED PROBLEM QUESTIONS
1. Specific Performance Problem Question:A agrees to sell unique ancestral land to B but later
refuses. Can B seek specific performance?Answer:Yes. Immovable property is unique and
damages may not be adequate. Court may order specific performance.
2. Injunction Problem Question:A neighbor illegally starts construction blocking B’s pathway.
Remedy?Answer:B may seek temporary and perpetual injunction restraining illegal
construction.
3. Rectification Problem Question:Due to clerical mistake wrong survey number entered in
sale deed. Remedy?Answer:Court may order rectification of instrument to reflect actual
intention.
4. Cancellation Problem Question:A forged deed created affecting owner’s rights. What
remedy available?Answer:Owner may seek cancellation of instrument.
MOST IMPORTANT CASES FOR MODULE 5
Case Principle
K.S. Vidyanadam v Vairavan Specific performance
Gujarat Bottling Co. Ltd. v Coca Cola Co. Injunction principles
Vemareddy Kumaraswamy Reddy v State of Andhra Declaratory decree
Pradesh
Kalyanpur Lime Works Ltd. v State of Bihar Contract remedies
Durga Prasad v Deep Chand Specific performance
principles