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    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

    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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