Tuesday, 15 February 2022

Recovery of immovable property

 Recovery of immovable property by Kalyani

Specific relief act 1963 is an act which defines and amends the Law relating certain kinds of specific relief. 

Expect Jammu and Kashmir it is applied to whole India and came into force in 1964 

This act replaces earlier specific relief act 1877.

Section 5 of the specific relief act defines recovery of immovable property, if any person is entitled to possession of immovable property he can recover that in the manner provided in specific relief act. 

In other words this would be a suit for ejectment on the defendant on the basis of the plantiffs title. 

The section 6 of this Specific relief act,1963 Provides a remedy to a person who is disposed without his consent from immovable property otherwise than in due course of law. He can also bring a suit for seeking recovery of the possession notwithstanding any other title that may be set up in such a suit. 

Section 6 Suit by person dispossessed of immovable property

1. If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person he has been in possession or any person] claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit. 

2. No suit under this section shall be brought—

 (a) after the expiry of six months from the date of dispossession; or 

 (b) against the Government. 

3. No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.

4. Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.

The Division Bench comprising of three learned Judges held that a true owner has every right to dispossess or throw out a trespasser while he is in the act or process of trespassing but this right is not available to the true owner if the trespasser has been successful in accomplishing his possession to the knowledge of the true owner. In such circumstances, the law requires that the true owner should dispossess the trespasser by taking recourse to the remedies under the law (Ram Rattan v. State of Uttar Pradesh).

Procedure under Civil Procedure Code 1908 for Recovering of possession of immovable property

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