Question

Under Section 9 of Specific Relief Act, the person against whom the relief is claimed may plead by way of defense any ground which is available to him

• A. Under law of trots
• B. Under any law relating to contracts
• C. Under Criminal Law
• D. Under Cr.P.C.

Hint:

Think of a suit for specific performance as a special type of suit on a contract. Therefore, all the usual defenses available under the Indian Contract Act, 1872, can be used by the defendant.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks about the types of defenses that a defendant can raise in a suit for specific performance. This is explicitly covered in Section 9 of the Specific Relief Act, 1963.
Step 2: Detailed Explanation:
Section 9 of the Specific Relief Act is titled "Defences respecting suits for relief based on contract". It states: "Except as otherwise provided herein, where any relief is claimed under this Chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law relating to contracts."
This means that in a suit for specific performance, the defendant can raise all the defenses that they would be able to raise in a normal suit for breach of contract. This includes defenses like:
- Lack of a valid contract (e.g., no consensus ad idem, lack of consideration).
- Incapacity to contract (e.g., minority).
- Vitiating factors like fraud, misrepresentation, coercion, undue influence, or mistake.
- Illegality of the contract.
The other options (Law of Torts, Criminal Law, Cr.P.C.) are not relevant to defenses in a suit based on a contract.
Step 3: Final Answer:
Section 9 explicitly allows the defendant to plead any defense available under any law relating to contracts. Therefore, option (B) is the correct answer.