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N’s engagement diamond ring is stolen by T and sold to jeweller J, who has no ownership defence…

Section 7 permits recovery by a person entitled to possession of specific movable property. Section 8(d) permits specific delivery where possession was wrongfully…

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N’s engagement diamond ring is stolen by T and sold to jeweller J, who has no ownership defence overriding N’s right to immediate possession. N seeks delivery of that ring. Which offered ground by itself defeats delivery under section 8(d) of the Specific Relief Act, 1963?

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Answer and explanation

Correct answer D

Section 7 permits recovery by a person entitled to possession of specific movable property. Section 8(d) permits specific delivery where possession was wrongfully transferred from that person. Adequate money, payment to the thief and absence of contractual privity do not defeat that ground on the stated facts. No exception transferring better title to J is assumed.

Option feedback

Option A

Wrongful transfer independently engages section 8(d), despite adequate money.

Option B

Payment to a thief does not defeat the stated superior right.

Option C

Section 8(d) requires no contract between N and J.

Option D

None of the offered grounds defeats delivery on these facts.

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