RESCISSION

1. Which of the following Sections of the Specific Relief Act deals with “Rescission of a contract”?
   a) Sec 26
   b) Sec 27
   c) Sec 31
   d) Sec 34
2. In which of the following cases the court can allow rescission as per the provisions of the Act?
   a) Plaintiff expressly or impliedly ratified the contract.
   b) Third parties acquired rights in good faith.
   c) Contract is voidable or terminable by the plaintiff
   d) All of the above
3. According to the provisions of Section 28 of the Act, which of the following remedy is available to the vendor, if the purchaser or lessee does not pay the purchase money within the specified time and the court rescinds the contract on the application of the vendor-
   a) Restoration of possession
   b) Receive payment of all the rents and profits accrued
   c) Both (a) and (b)
   d) No relief
4. Can a separate suit lie on the instance of any party for any relief which may be claimed under Section 28 of the Act?
   a) Yes
   b) No
   c) With the permission of the court
   d) None of the above
5. Which section of the Act deals with “Court may require parties rescinding to do equity”?
   a) Section 27
   b) Section 28
   c) Section 29
   d) Section 30
6. Which relief may be granted by the court to the purchaser or lessee if he pays the purchase money or any other sum within the specified time period as provided under Section 28 of the Act?
   a) Execution of conveyance or lease
   b) Delivery of possession
   c) Partition and separate possession
   d) All of the above
7. ‘X’ (Plaintiff) while instituting the suit for specific performance also prayed for alternative prayer in the form of rescission, if the contract cannot be specifically enforced. Is such a prayer valid?
   a) No, barred by the specific relief Act
   b) Yes, Allowed as per Section 29 of the Specific Relief Act
   c) Depends on the discretion of the court
   d) No specific provision

Answer 1. (b) 2. (c) 3. (c) 4. (b) 5. (d) 6. (d) 7. (b)