JSM
Law of Property

Time: 3 hours
Full Marks: 150
The figures in the right-hand margin indicate marks.
Answersixquestions, selecting twofrom Section two from Section -Band two from Section -C.
Section-A
1. Define 'mortgage' and distinguish among 'usufructuary'; 'conditional'and 'english' mOltgages.
.Explainthemaxim,"redeem up,foreclosure
down". X borrows Rs.5,OOO from Y and executes a· usufructuary mortgage for Rs. 3,000, tha rents and profits to betaken in lieu ofinterest X covenants in the deed that the payment of balance of Rs. 2,000 with interest per
WN-5/3 (Turnover) month would be compulsory at the time of redemption. Does this covenant amount to a clog on redemption? 15
2. Discuss the doctrine of 'Part performance' and 'Equitable estoppel' and distinguish betweenthem. 12
. Discuss briefly the law relating to fraudulent transfers. . 13
3. Who is an Ostensible owner? What is the effect of the Benami Transaction Act, 1988 on Section 41 of the TP Act, 1882. R13fer to decided cases. 10
Distinguish between "condition precedent" and "condition subsequent". Discuss the validityofthe following transfers: 15

A transfers field to B on the condition that he shall walk one hundred miles an hour.


A tranfers a field to his niece C on the condition that she will leave her husband.




.

WN-5/3 Contd.
4. "Section53-AofTPActdoesnotconfer'title'. It enables a person without title to defend his
. possession." Do you agree with the above statement? Give reasons for your answer with the help of decided cases.
Define contingent interest. Write down its nature and salient features. What iSdislinction between contingent interest and chance of heir apparent succeeding to an estate? 13
Section-B
5. "Protectiori·of life and property cannot be assured by a simple declaration of rights and duties. The enumeration of rights and duties must be supplemented by legal devices which help the individual to enforce his rights. Social redress must be provided to every person who is injured in the social process. Basically the mission of the Specific Relief Act is to assure that whenever there is a wrong, there must be a duty.» (Ashok Kumar
WN,...5/3 .(Tumover) .
Srivastava v. National Insurance Co. Ltd.
(199B) 4 SCC 361). Elucidate. 15
Z bequeaths land toA, "not doubting thatA
will pay there out an annuity of Rs. 1,000 to B
for his life". A accepts the bequest. Whether
A is bound to pay the annuity to B
"Specific relief to be granted only for
enforcing individual civil rights and not for
enforcing penal laws." Explain. 1a
A buys land from having noticed that C is
in occupation of land. A omits to make an
enquiry as to the nature of interest
therein. Whether Ais a trustee for C to the
extent ofthat interest?
6. Explain the cases in which specific
performance. of contracts connected with
Trust enforceable. Two, trustees, A and
empowered to sell trust property worth a lakh
of rupees, contrac;:t it to C for Rs. 30,000.
Whetherspecific performance ofthis contract
is possible? 12



WN-5/3 Contd.
Explain, in brief, the contracts which cannot
be specifically enforced by law. A and B contract to become partners in a certain business, the contract does not specify the duration of the partnership. Whether this contract can be specifically enforced? 13
7. Briefly discuss the provisions relating to rectification of instruments and rescission of contract inthelight oftheSp. R. Act. 12
A sells a field to B. There is a right of way over the field of which A has direct personal knowledge, but which he conceals form B. Whether B is entitled to have the contract rescinded?
Explain the rule laid down in Section 28 of the Sp. Relief Act with the help of suitable case law. 13
8.· What are the declaratory decrees and how the Court can use this discretionary power? 12
WN-5/3 (Turn over)
Define injunction. In what cases the injunction
is not issued and in which injunction can be refused? 13
Section
9. What is the meaning and nature ofthe law of limitation Is law of limitation 'lex feri' Distinguish between limitation and prescription. 10 Howthe period oflimitation reckoned underthe Limitation Act in the following cases? 15 Aminor An insane person An idiot person I
10. In case of fraud or mistake, the limitation does not begin until the fraud or mistake has been discovered by the plaintiff or applicant. Discuss with the help of relevant provisions
ofAct and decided cases. 12
WN-5f3 Contd.

ExplainandiIIl,lstratewiththehelpofdecided cases "when once time has begun to run, no subsequent disability or inability can stop it".
13
11. Can a Court entertain an appeal or an application after the expiry of the period of limitation? If so, under what circumstances and on. what grounds Mention relevant provisions of the Act and decided cases.
10
"Computation of period of limitation excludes the time taken in legal proceedings." Explain with the help of legal provisions and illustrations.
In apartition suit Courtfound the value ofsuit properties beyond its pecuniary jurisdiction and returned the plaint on 10-6-2013. On account of compromise with some claimant few properties were deleted and the value of the suit carne within the jurisdiction of the Court. The plaintiff represented the plaint in the same Court on 12-06-2013. He claimed
WN-5/3 (Turnover)
exclusion of time between the date of filing.
ofsuit20-11-2011 and representation of the
plaint under Section 14 ofthe Act. He urged
that he must be deemed to have been
prosecuting with due diligence another civil
proceeding. Decide giving reasons. 15
12: What is the effect of acknowledgement on limitation? 10
Whetherthefollowingillustrationsaresufficient acknowledgement of liabilities: 15
"I am ashamed that the account has stood so long."
"I admit the loan but I have since repaid the amount."
'The promissorY.l)ote which I gave is unstamped. Iwill not pay it."

"I wish to look your accounts; in my own account Ido not see any amount due to yOll. Please, therefore, send the account."


"I cannot afford to pay my new debts much less the old debts lowe."



WN 5/3 JSM-14/5·