Question

Which of the following is the correct statement?

• A. Under Sec. 7, the suit may be for recovery of special movable property or, in the alternative, for compensation;
• B. Under Sec. 8, pecuniary compensation is not an adequate relief to the plaintiff for the loss of the article and the relief prayed is for injunction restraining the defendant from disposing of the article or otherwise injuring or concealing it, or for return of the same;
• C. Both (A) and (B) are correct;
• D. All are incorrect;

Hint:

Under the Specific Relief Act, specific movable property can be recovered when damages are inadequate, as per Sections 7 and 8.

Answer 1

The Correct Option is C

Step 1: Understanding Sections 7 and 8 of the Specific Relief Act:
Section 7 of the Act deals with the recovery of specific movable property. It allows the person entitled to possession to recover it through a legal suit or, alternatively, claim compensation if recovery is not possible.
Section 8 provides that when monetary compensation is inadequate, the plaintiff can seek specific recovery or injunction to prevent disposal, damage, or concealment of the article.
Step 2: Evaluation of the Options:
Option (A) correctly represents Section 7, which allows suits for recovery or compensation. Option (B) also correctly represents Section 8, which provides relief through injunction when money cannot adequately compensate the plaintiff.
Step 3: Final Conclusion:
Hence, both statements (A) and (B) are correct, making option (C) the right answer.