Specific Relief Act PYQ

2020

1. Section 6 of SRA must be brought within 6 months from the date of dispossession.
2. Revision is an appropriate remedy against an order under section 6 of SRA. (2019 also)
 NO APPEAL & NO REVIEW.
 Review- re-examination by the same court and same judge;
 Revision – re-examination by HC where no appeal lies;; no statutory right to the
aggrieved party unlike appeal.
i. Grounds for revision (Sec 115 of CPC) happens when a subordinate court
1. Exercises jurisdiction not vested by law
2. Fails to exercise jurisdiction vested by law
3. Illegal exercise of jurisdiction or with material irregularity
ii. facts of the case not re-examined (Usha Rani Banik v Hardik)
iii. will NOT check the merits of evidence BUT if irregularity / illegality in the
judgement (Dinshaw Iron Works vs Miakhan Adamji &Co.)
iv. Erroneous judgement cannot be called as material irregularity / illegality
(Rajaram NAthuji Pathode v Maniran Samatha Kose)

3. Union of India v Ibrahim 2012 8 SCC 148

 A suit merely declaration of title of ownership albeit a property without seeking
possession, when the plaintiff is not in possession of the property is not
maintainable.
4. Settlement happens through other than will or codicil and of immovable and movable
property.
5. Section 20B requires estd of Special courts (Civil Courts) in respect of contracts relating to
infrastructure projects. It will be estd by state government in consultation with HC.
6. Section 21 describes the power to award compensation in certain cases-
 Plaintiff to claim compensation for breach of contract in addition to specific
performance.
 Plaintiff to get compensation for breach of contract from the court even if specific
performance NOT ought to be granted.
 Plaintiff to get compensation for breach of contract from the court even if specific
performance granted so that full justice happens.
 Compensation amount granted by Section 73 of Indian Contract Act 1872
 Unless the plaintiff asks for compensation, NO COMPENSATION awarded.
 Plaintiff can amend the plaint

2019
1. Section 6 of SRA talks about “actual possession”.
2. Section 14 talks about contracts not specifically enforceable
a. Substituted performance (section 20)
b. Performance of continuous duty which court cannot supervise
c. Contract dependent upon personal qualifications of parties
 d. Determinable contract
3. Section 15 says “Any person beneficially entitled thereunder when the contract is a
settlement on marriage”
4. No substituted performance of contract -section 20 (2)

2018

1. Section 14A – power of court to engage experts

2.