All India Bar Examination (AIBE) 19-XIX Previous Year Question Papers with Answers

Practice Mode:
91.

"A", a real estate developer, entered into a contract with "B", the owner of a piece of prime land, for the purchase of her property. The contract stipulated that "A" would pay ₹ 50 lakhs in advance and the remaining ₹ 1 crore within six months. In return, "B" agreed to transfer the title to the land.

However, after receiving the advance payment, " B " refused to execute the sale deed, claiming that she received a better offer from another buyer. "A" demanded the enforcement of the contract under the Specific Relief Act, 1963, but "B" denied his claim. "A" has to file a suit in a court of law.

On the basis of the above problem, select the correct answer.

A: "A" may file a suit in the criminal court having the powers under the Bhartiya Nagarik Suraksha Sanhita, 2023.
B: "A" may file a suit in the special court constituted under the Specific Relief Act, 1963.
C: "A" may file a suit in the civil court having the powers under the Civil Procedure Code, 1908.
D: No suit can be brought against "A" as there in no breach of contract.

The answer is: C