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CS Professional · Drafting, Pleadings and Appearances · Commercial Contract Management

Tara sues Uday for specific performance of a written contract for sale of a flat, and also prays in the alternative that, if specific enforcement is refused, the contract be rescinded and delivered up. The court refuses specific performance. Which statement is correct under the Specific Relief Act, 1963?

The court may direct that the contract be rescinded and delivered up to be cancelled. Section 29 of the Specific Relief Act lets the plaintiff in a specific performance suit on a written contract pray for rescission in the alternative, without a fresh suit.

  1. AThe court may direct rescission and delivery up for cancellation, as the alternative prayer permitsCorrect
  2. BThe court must dismiss the suit because rescission cannot be sought in the same suit
  3. CThe court may rescind only if Uday consents
  4. DRescission is available only if a fresh suit is filed

Explanation

Section 29 allows a plaintiff suing for specific performance of a written contract to pray in the alternative for rescission, and the court, if it refuses specific enforcement, may direct rescission and delivery up accordingly. No fresh suit or defendant consent is required.

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