Friday, April 19, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

MODEL ANSWERSPECIFIC RELIEF

RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY

“Justice demands that a person wrongly dispossessed of his immovable property should recover it”, Explain how Specific Relief Act is operating for this purpose?

Section 6 of Specific Relief Act, 1963, deals with the provisions of recovery of possession of an immovable property by a person who has been wrongly dispossessed from that property.

According to this section, if any person who was in the possession of an immovable property and any another person without any lawful measure, wrongfully dispossesses that former person from that immovable property, then in such a case, an aggrieved person can file a suit for the recovery of possession of that immovable property.

According to section 6 of Specific Relief Act, 1963, if a person files a suit, then he has to fulfill certain conditions and these conditions are as follows:-

  1. That the person who has filed the suit was in the possession of an immovable property
  2. That the person who was in the possession was dispossessed from the property
  3. That he was dispossessed forcibly and wrongfully and otherwise than due course of law.

If a person fulfils all these conditions and files a suit within 6 months from the date of dispossession, then only, he can get the possession of that immovable property.

Moreover, according to section 6 of Limitation Act, 1963, it is sufficient to prove that he was in possession of the disputed property and dispossessed otherwise than due course of law. He has no need to prove title upon that property.

Even an aggrieved person can file a suit under this section against that person who has better title upon that property. This section does not protect title but this section protects the possession of an aggrieved person.

According to this section, if a court delivers possession to the aggrieved party, then no appeal or review can be allowed against that decision. But if a person against whom a decision has been passed has better title, then he can file a separate suit under Section 5 of the Limitation Act, 1963, to recover possession of that immoveable property.

According to section 6 of the Limitation Act, 1963, a person can file a suit to recover the possession only against an individual. He cannot file a suit against government. If government dispossesses any person from any immovable property, then in such a case, that person cannot file a suit against that government.

In the leading case of R.C. Indra Kumar Pvt. Ltd. vs State of Orissa, the Hon’ble court held that when possession is taken by government, grievance cannot be made by petitioner until it has established its better to property and therefore becomes entitled to possession.

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