Question

A contract made by a trustee in excess of his powers or in breach of trust, under section 11 of the Specific Relief Act, 1963 is ___________

A Specifically, enforceable at the instance of the second party Correct Answer Incorrect Answer
B Not specifically enforceable Correct Answer Incorrect Answer
C Specifically, enforceable at the instance of the trustee Correct Answer Incorrect Answer
D Specifically, enforceable either at the instances of the trustee or at the instance of a second party Correct Answer Incorrect Answer

Solution

Not specifically enforceable, Explanation: Section 11 in The Specific Relief Act, 1963 Section 11Cases in which specific performance of contracts connected with trusts enforceable—(1) Except as otherwise provided in this Act, specific performance of a contract may, in the discretion of the court, be enforced when the act agreed to be done is in the performance wholly or partly of a trust.(2) A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.

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