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VIKAS GARG (LAWYER)     23 October 2008

Specific relief act -5 Rise in value

A multiple choice question is given below with answer  but I feel it is wrongly answered.


Please comment on it whether it is correct or incorrect and explain, if possible


Please comment on it to help me to understand it  and whether it is correct or incorrect and explain, if possible. Provide me authorities also.





Q. Rise in value since agreement is


 (a) a ground to refuse specific performance in case of an agreement to sell immovable property.


             (b)  a ground to refuse specific performance in case of an agreement to sell movable property.


                  (c) a ground to refuse specific performance in case of an agreement to sell immovable and movable property.


                    (d) not a ground to refuse specific performance in case of an agreement to sell either movable or immovable property.




                Answer given in book is :


                                                  (c) a ground to refuse specific performance in case of an agreement to sell immovable and movable property.


                But I think 


   (d) not a ground to refuse specific performance in case of an agreement to sell either movable or immovable property.


should be answer





 Please guide to me regarding this question


                                                                                            Thanks                                                                                            


     



Learning

 3 Replies

Manish Singh (Advocate)     24 October 2008

th e question is ambiguous but i would like to go with you.

Ajay kumar singh (Advocate)     24 October 2008

You are absolutely correct.

Musarrat Vora   29 May 2022

In the book the answer is wrong. You are right 


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