Question

A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced as per

• A. S.12
• B. S.11(2)
• C. S. 12(2)
• D. S.13

Hint:

Remember Section 11 as the "Trustee Section" in the Specific Relief Act. Subsection (1) says 'yes' to specific performance for valid trustee contracts, and subsection (2) says 'no' for contracts made in excess of power or breach of trust.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
Specific performance is an equitable remedy where the court directs a party to perform their contractual obligations. The Specific Relief Act, 1963, outlines the situations where this remedy can be granted and where it is barred. The question asks for the specific provision that bars the specific enforcement of a contract made by a trustee beyond their authority.
Step 2: Detailed Explanation:
Let's examine the relevant sections of the Specific Relief Act, 1963:
\begin{itemize} \item Section 11 is titled "Cases in which specific performance of contracts connected with trusts enforceable." \item Section 11(1) states that a contract made by a trustee in the proper exercise of their powers shall be specifically enforced. \item Section 11(2) provides the negative rule. It explicitly states: "A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced." This provision directly answers the question. \item Section 12 deals with the specific performance of a part of a contract. \item Section 13 deals with rights of purchaser or lessee against a person with no title or imperfect title. \end{itemize} The provision that squarely deals with the inability to specifically enforce a contract made by a trustee in excess of their powers is Section 11(2).
Step 3: Final Answer:
The relevant provision is S.11(2) of the Specific Relief Act, 1963.