Legal Bites presents Property Law Important Question-Answer Series. The questions listed here will help students study for various Competitive and University Exams. Candidates can use Legal Bites’ list of questions to help them determine the most important and often asked questions and practice their aptitude and knowledge.
Answering questions is a continuous process that is an inevitable component of any test preparation, as we all know. A well-written response displays not just a candidate’s knowledge but also his or her ability to tailor the content to the question’s requirements.
It is vital to prepare for this exam to pass it thoroughly. To attain mastery over the subjects studied, applicants only need to keep practising these questions in the months coming up to the examinations. Following it, the candidate’s confidence level, as well as their scores, will vastly improve.
Property Law Question Answer Series 11: Important Questions for Exams | Part – XI
Question 1
Define Actionable claim and discuss the mode under the Transfer of Property Act. [BJS 1991]
Question 2
A, claiming to be owner of immovable property, sues B for recovery of possession of that property claiming that B, about 20 years prior to the institution of the suit, was permitted as a licensee to occupy the property; the license of B was terminated one year prior to the institution of the suit but B, despite promises to vacate the property has failed to do so.
B contested the suit pleading that:
(A) (i) the suit was barred by time;
(ii) that A in the plaint itself has admitted the possession of B for nearly 20 years prior to the institution of the suit;
(iii) the suit for possession filed after 20 years was barred by time and B had become owner of the property by prescription;
(B) Alternatively, B pleads that he was inducted into the property as a tenant and his tenancy was protected under the provisions of Delhi Rent Control Act, 1958 and thus civil court did not have the jurisdiction to entertain a suit for recovery of possession of immovable property from a protected tenant.
Decide, whether the suit claim is within time and whether B is to be permitted to lead evidence on both the pleas taken in his written statement. [DJS 2019]
Question 3
Write note on Universal donee. [BJS 1975, 1978, 1976]
Question 4
One R was a tenant on a year-to-year basis under a company in respect of part of an estate. By an oral agreement, the company granted to one M, the right to catch and kill rabbits on the said estate for one year on receipt of Rs. 7,000. R kicked out the snares laid by M and prevented M from exercising his right of rabbiting. M prayed to the Court for an injunction and damages. Decide with reference to provisions of Transfer of Property Act, 1882 and case law, if any. [Punj JS 1999]
Question 5
With the help of decided cases : discuss the consequences of “Subletting” of the tenancy. [HPJS 2016]
Question 6
‘The law abhors a forfeiture.’ Explain the application of this maxim to the relating to leases. [BJS 1977]
Question 7
The suit property was leased in favour of A, by the owner by executing lease deeds. Thereafter, usufructuary mortgage deed was executed in favour of S, wife of A. Both husband and wife were living together and continued to do so till death of husband A. From the recitals in the mortgage deeds, it was apparent that the parties unequivocally and without any reservations, intended that the leasehold rights of A would be kept alive despite execution of the usufructuary mortgage.
After death of A, lessee, a suit was filed for redemption of mortgage property. A preliminary decree for redemption under Order 34, rule 7, Civil Procedure Code was passed by the Court of Munsif taking the view that lessee’s right would merge at the time of execution of the mortgage deed. An appeal, was allowed, holding that there was no merger of the lease and the mortgage. However, the second appeal was allowed by Single Judge of the High Court restoring the preliminary decree for redemption of the mortgage? Answer with reference to sections of the Transfer of Property Act and case law, if any. [Punj JS 2000]
Question 8
A, B, C and D effected a partition of joint family property, and agreed that if anyone of them should have no issue, he would have no power to sell his share, but should leave it for the other shares. A sold his share and died without issue. Can B, C and D sue to recover the same? [Punj JS 2006]