Sunday, February 11, 2024

๐—๐˜‚๐—ฑ๐—ถ๐—ฐ๐—ถ๐—ฎ๐—น๐——๐—ฟ๐—ฒ๐—ฎ๐—บโ„ข

๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

MODEL ANSWERSPECIFIC RELIEF

RECOVERY OF POSSESSION

Explain the provisions relating to recovery of possession of a specific immovable and movable property under Specific Relief Act, 1963?

Section 5 and 6 of the Specific Relief Act, 1963, deals with the provisions regarding recovery of possession of specific immovable property whereas section 7 and 8 of the Specific Relief Act, 1963, deals with the provisions regarding recovery of possession of movable property.

According to section 5 of the Specific Relief Act, 1963, any person who is entitled to the possession of a specific immovable property can file a suit for the recovery of that possession and he can recover the possession only by following the procedure which has been laid down in the Code of Civil Procedure, 1908.

According to this section, it is not essential that the person filing the suit must be an owner of the property. Any person who is entitled to the possession of that property can file a suit and he can file the suit only within 12 years from the date on which the cause of action arises.

On the other hand, section 6 of the Specific Relief Act, 1963, states that if any person was in the possession of an immovable property and any another person forcibly, wrongfully or otherwise that due course of law dispossessed the former person from that property, then in such a case, an aggrieved person can file a suit for recovery of possession of that property but he can file the suit only within six months from the date of dispossession.

The main difference between section 5 and 6 of the Specific Relief Act, 1963, is that under section 5 a person has to prove his title only whereas under section 6, he has to prove his possession only and not the title.

In the leading case of R.C. Indra Kumar Pvt. Ltd. vs State of Orissa, the Honโ€™ble court held that under section 6, an aggrieved person can file a suit against another individual only. He cannot file a suit against Government.

Section 7 and 8 of the Specific Relief Act, 1963, deals with the provisions regarding recovery of possession of movable property. According to section 7 of this act, if any person is entitled to possession of a specific movable property, then he can file a suit for getting possession of that property and he can recover the possession only by following a procedure which has been prescribed in the Code of Civil Procedure, 1908.

Under this section, any person who has special or temporary right of possession can also file a suit for the recovery of possession. It is not necessary for him to be an owner to get the possession of the abovesaid movable property. If he wants to get possession, then he has to prove his title only.

Whereas, under section 8 of the Specific Relief Act, 1963, if any person has possession or control over a specific movable property but he is not an owner of that property, then in such a case, any person who is entitled to get the possession can file a suit and former person can be compelled to transfer the property to the latter person.

Under this section, a person claiming the possession has to prove that the defendant is holding the property as an agent and if that property will not be given back to plaintiff, then the loss of plaintiff will not be ascertained or it would not be covered by providing monetary compensation. If a plaintiff proves all these conditions, then only, he can get the possession of that movable property.

In the leading case of Ganga Bishen vs Jai Narain, the Honโ€™ble court held that sometimes a particular property has some special value in the eyes of an aggrieved person which cannot be covered by providing monetary compensation and if that person proves that thing, then it will be great injustice if he does not get the property.

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