Prelims · objective

Kerala Civil Judge Prelims 2009 Question Paper with Answers

100 questions. The first 10 questions are free to attempt. All Kerala Civil Judge papers

1. Question 1 · Prelims

   'A' entered into an agreement with 'B' to sell an immovable property. It was not the intention of the parties that time should be of the essence though six months time was specified for performance. 'A' failed to perform the contract in the stipulated time. The contract –

   1. (A) becomes void
   2. (B) becomes voidable at the instance of 'B'
   3. (C) remains valid and can be performed at any time without being entitled to get compensation from 'A'.
   4. (D) remains valid, but 'B' can claim compensation for the loss occurred.

   Answer: (D) remains valid, but 'B' can claim compensation for the loss occurred.

2. Question 2 · Prelims

   'A' filed a suit against 'B' for recovery of possession on title. After trial, it was dismissed. Subsequently, 'A' assigned the property to 'C' and then 'C' filed a suit against 'B' for the same relief. 'B' failed to plead and prove res judicata in the subsequent suit. At the time of hearing, he raised the plea of res judicata to non-suit 'C'. His contention is –

   1. (A) sustainable
   2. (B) not sustainable
   3. (C) if 'B' pleaded, it would have been sustainable
   4. (D) if 'B' produced evidence, it would have been sustainable.

   Answer: (B) not sustainable

3. Question 3 · Prelims

   'A' entered into an agreement with 'B' to sell immovable property of the former for consideration and 'B' was put in possession of the property. Both parties had signed the agreement. The agreement had not been registered under the Indian Registration Act. In a suit between the parties, 'B' claimed the benefit of Section 53A of the Transfer of Property Act. Whether his claim is maintainable?

   1. (A) Yes, it is maintainable.
   2. (B) No, it is not maintainable since the agreement was not registered.
   3. (C) No, since the sale deed was not executed.
   4. (D) None of the above.

   Answer: (B) No, it is not maintainable since the agreement was not registered.

4. Question 4 · Prelims

   'A' executed a gift deed in favour of 'B' with respect to an immovable property worth Rs.90/-. The deed was duly attested, but was not registered. 'B', in a suit, claimed title by virtue of the above gift deed. Is his claim maintainable?

   1. (A) No, the deed is not valid
   2. (B) Yes, deed is valid, since the value of the property is less than Rs.100/-.
   3. (C) deed is valid since the gift is a document which requires no consideration
   4. (D) None of the above.

   Answer: (A) No, the deed is not valid

5. Question 5 · Prelims

   'A' obtained a money decree against 'B'. Before executing the decree, 'B' sold out all his properties and then died. 'A' sought to execute the decree against the legal representatives of 'B' by filing an EP for arrest and detention. This EP ________

   1. (A) is maintainable
   2. (B) is not maintainable
   3. (C) will be maintainable, if the legal representatives have assets to satisfy the decree
   4. (D) would have been maintainable, had the legal representatives inherited the estate of 'B'.

   Answer: (B) is not maintainable

6. Question 6 · Prelims

   'A' is the tenant of a building belonging to 'B'. The building is in an area covered by the Kerala (Buildings Lease and Rent Control) Act, 1965. The tenanted building was completely destroyed by fire. After sometime, 'B' constructed another building for his purpose in the same property. Can 'A' claim tenancy with regard to the new building?

   1. (A) Yes
   2. (B) No
   3. (C) Yes, provided he pays market rent.
   4. (D) None of the above.

   Answer: (B) No

7. Question 7 · Prelims

   'A' owed 'B' Rs.10,000/-. The debt was barred by the Limitation Act. Later 'A' signs a written promise to pay 'B' Rs.8,000/- on account of the debt. Whether this is a contract enforceable?

   1. (A) No, since the debt is time barred.
   2. (B) Yes, as it is a promise to pay a debt barred by Limitation Law.
   3. (C) Yes, as it is an acknowledgment of liability.
   4. (D) None of the above.

   Answer: (B) Yes, as it is a promise to pay a debt barred by Limitation Law.

8. Question 8 · Prelims

   Every transfer of immovable property made, with intent to defeat or delay the creditors of the transferor shall be ________ at the option of any creditor so defeated or delayed.

   1. (A) void
   2. (B) voidable
   3. (C) Non-est
   4. (D) invalid

   Answer: (B) voidable

9. Question 9 · Prelims

   'A' obtained a money decree against 'B'. Before filing EP, 'B' paid half of the decree amount to 'A' and obtained a receipt. But it was not certified or recorded by the Court under Order 21 Rule 2 CPC. Subsequently, 'A' filed EP for the whole of the decree amount. 'B' contended that he is only liable to pay half of the amount. B's contention is –

   1. (A) unsustainable
   2. (B) sustainable
   3. (C) 'B' will have to prove the payment
   4. (D) None of the above.

   Answer: (A) unsustainable

10. Question 10 · Prelims

    "The jurisdiction to decree specific performance is discretionary and the court is not bound to grant such relief merely because it is lawful to do so." This statement is –

    1. (A) False
    2. (B) Partly true
    3. (C) True
    4. (D) None of the above.

    Answer: (C) True