All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

The correct option is D: None of the above. All the statements are correct according to the Specific Relief Act, 1963.

Statement A is correct because Section 1 (2) of the Act states that "It extends to the whole of India except the State of Jammu and Kashmir" .

Statement B is correct because Section 10 (a) of the Act states that "The specific performance of any contract may, in the discretion of the court, be enforced—(a) when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done" .

Statement C is correct because Section 21 (1) of the Act states that "A person entitled to the relief specified in clause (a) or clause (c) of sub-section (1) of section 10 may institute a suit for recovery of damages in addition to, or in substitution of, such relief. (2) If in any such suit, the court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant, it shall award damages to the plaintiff for the breach, in addition to, or in substitution of, such relief". This means that if the court finds that the aggrieved party can be adequately compensated by money, it will not grant specific performance, but only damages.

Therefore, option D is correct.