All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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39.

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

The answer is: B

Explanation

The correct answer is B. S.11 (2).

This is the provision of the Specific Relief Act, 1963, which states that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. This means that the court will not compel the trustee to perform the contract, as it would be contrary to the trust deed or the law governing the trust. The rationale behind this rule is to protect the interests of the beneficiaries of the trust, who may be adversely affected by the trustee's unauthorized or fraudulent contract. This provision is also mentioned in various articles and judgments related to the Specific Relief Act.