The question (10 marks)
Ilyas has lived in a shop room in Kalyan for nine years without any document of title. Nandini, who says she is the true owner, comes with labourers one morning while Ilyas is away, breaks the lock and puts her own lock on the door. Ilyas comes to you four months later. Advise him on the remedies open to him under the Specific Relief Act 1963, and state how his position would differ if he came to you a year after the dispossession. (10 marks)
Original problem written for this course, on the pattern of Module IV problem questions on ss. 5 and 6
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Specific relief of Law of Contract and Specific Relief.
Authorities you will need
- Specific Relief Act 1963, ss. 5 and 6
- Limitation Act 1963, Article 65
- Nair Service Society Ltd v K.C. Alexander
- Lallu Yeshwant Singh v Rao Jagdish Singh
- Rame Gowda v M. Varadappa Naidu (2004) 1 SCC 769
- Sanjay Kumar Pandey v Gulbahar Sheikh (2004) 4 SCC 664
- Tirumala Tirupati Devasthanams v K.M. Krishnaiah (1998) 3 SCC 331
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.