1. "The real owner is not allowed to attack the bonafide transfer on the basis of his hidden title." Discuss this in the light of the provisions of TransferofPropertyAct: 13
"An actual sale creates right in rem while the
right arising out of a contract for sale is a right
inpersonam, i.e. such a contract binds only the
parties to it." Explain and distinguish clearly the
terms sale and contract for sale. 12

2. "The right conveyed under Section of the Transfer of Property Act, 1882 can be relied
I
upon only as a shield and not as sword."
I
UD-5/4 (Turn over)
Examine this statementwith the help of suitable examples. 11

property ofwhich he is the owner, in trust for and his intended wife successively for their lives, and after the death ofthe survivor for the oldest son ofthe intended marriage, for life and after his death for second son. Explain whether the interest so created for the benefit ofthe eldest son will take effect or not. 7


transfers Rs. 10,000 on condition that he shall marry with the consent of and 'S'marrieswiththeconsent and Whether the transfer of Rs. 10,000 to S is valid? 7


3." A mortgages his property to for Rs. 5,000. He then mortgages the same property to for Rs. 4,000. A makes a further mortgage of the same property to for Rs. 2,000. pays Rs. 3,000 to In case the mortgage property is sold. Can claim priority over and 7
Distinguish between the following: gx2 =18

Charge and Mortgage


Marshalling and Contribution


UD-5/4 Contd.
4. made gift of all his properties to But retained life interest for himself on a part property. accepted the gift. Is a Universal Donee? Explain. 8
,'A'transfers to an estate belonging to
..
and by the satl)e transaction minor gift of Rs, 2,00,000. accepts the gift, but refuses to part with his estate in favour of Advise and 8

and agreed that property named 'Green fields' and belonging to 'A'should be leased to

Bwasalready inpossession,onthegrounds of agreement built a house on the land. SUbsequently W sues to evict Can succeed? Menti9n reasons, 9
Section
5. Howistheownershipwithorwithoutpossession of immovable property protected from interferenceundertheSpecificReliefAct, 1963?
11
pledgespertain Jewelsto securea loan, disposes ofthem before he is entitled to do
UD (3 (Turn over) so. without having paid or tendered the amount of loan, sues for possession of the Jewels. Will succeed in tile suit? 7
, .
contracts to sell, and contracts to buy a certain 'lumber of railway shares of a particular description. refuses to complete the sale. Can compel the for specific performance of the agreement? Explain. . 7
6. State the contract in which the specific performance is enforceable under the Specific ReliefAct, 1963.. 11
is a trustee of land with power to lease it for seven years, He enters into a contract with to grant a lease ofthe.landfor seven years, with a covenant to reneW the lease at the expiry of the term. Can this contract be specifically
. enforced Give reasons in support of your answer. 7
draws a bill on endorses it to by whom it appears to be endorsed to who endorses to endorsement is forged. Can get the instrument cancelled? Explain. 7
UD-5/4 Contd.
7. State the circumstances in which injunction can be refused under the provision ofthe Specific ReliefAct, 1963. 11
. a purchaser, sues his vendor for specific performanceofa contractforthe sale ofa patent. Before the hearing ofthe suitthe patent expires. What remedies are available to against
. for non-performance ofthe contract? 7
contracts to grant an under-lease of property held by under and that he will apply to for a licence necessary to the validity ofthe under-lease, and that, ifthe licence is not granted. will pay Rs. 10,000. refuses to apply for the licence and offers to pay Rs.10,000. Is entitled for specific performance ofthe contract? 7
8. Write notes on the following: 6+5 11

Rescission of Contracts


Cancellation of Document


contracts to sell to a piece of land consisting of 100 bighas. It turns out that 50 bighas ofthelanctbefong to and the other 50 bighas to a stranger, who refuses to part with
UD-5/4 (5 (Turn over)
them. is willing to pay the price agreed upon, and to take the 50 bighas which belong to waiving all rights to compensation either for the deficiency or for loss sustained by him through /1sneglectordefault. Is'S'"entitledto adecree directing to convey those 50 bighas to him? Answer with reasons. 7
contracts to letfortwenty one years to the right to use such part of a certain railway made by as was upon land, and should have a right of running carriages over the whole line on certain terms and might require to supply the necessary power, and that W should during the term keep thewhole railway in good repair. Can get the contract specifically peliormed 7
Section-C
9. "Laws of limitation bars the remedy but does not extinguish the right." Elucidate. 13
"Once limitation starts to run it remains
continued." Explain it and also explain the effect . of mistake on limitation. 12
UD-5/4 Contd.


10. Discuss the fundamental principles of law of limitation.
8

Which time is excluded in computing period of Iimitatipn Give examples.


Write a short note on law of limitation relating to minor. 9


8
11. Discuss acknowledgement by part payment. 8
What are' the ingredients of a valid acknowledgement? Can acknOWledgement made by a Hindu widow in respect of her deceased husband's debt bind the reversioners?
8
What provisions are incorporated under the limitation Act, 1963 for suits by parties under legal eligibility? Enumerate. 9
12. mortgaged an immovable property to on 2nd January, 1910 with a condition that the mortgage is redeemable after five years. After five years, offers the mortgage money to and requests for redemption of mortgage. refuses; files a suit for redemption of mortgage on 2nd January, 1970. State whether
UD-5/4 (Turn over)
the suit is within limitation or time barred?
Support your answer with reasons and statutory
provisions.
13
takes a loan from a firm of which and are partners. and are insane and is a minor. When can be sued? 12

UD
JSM-15/5