Introduction
The Specific Relief Act 1963, covered several remedies for persons whose civil or contractual rights harm by others. There are many different types of remedies that can be provided by the court through this Act, Such as; Recovery of possession of different types of properties like Movable and Immovable, Specific performance of different types of contracts, Perpetual or permanent Injunction, Declaration of Title, Declaration of Decree, Cancellation of Registered or unregistered Instruments, Modification or rescission of Instruments, Etc, This article addresses the suit for possession under the specific relief Act and its provisions.
Provision of suit for recovery of possession of Immovable property
What does Section 4 of the Act say?
Section 4 of this Act deals with the rights of the rightful owner. According to that section, the rightful owner’s rights are protected. This act enables to grants special relief to an individual through the enforcement of individual rights other than imposing penal laws. An individual civil right can be enforced by this Act, which is based on the fact that the original nature must be fulfilled. If a penal nature comes out of the subject matter, that may establish by proving the same.
The specific Relief Act, 1963, sections 5 and 6 deal with the provision for recovery of possession of some kinds of immovable property.
What does Section 5 of the Act say?
Section 5 of the Act says that a person is entitled to file a suit for recovery of possession of certain specific immovable property. Such type of suit can be filed under the provision prescribed in the Civil Procedure Code, 1908.
We can say that the title is the main essence of this section. According to that, a person who obtained a better title is entitled to possession. Here, the title may be counted as either ownership or possession.
Let’s understand that concept with an example. Suppose, A obtain a peaceful possession of the property, even though A has no title to such property. If someone forcefully dispossesses A, in that situation, A is entitled to file a suit against that person who dispossessed him and can protect his possessory right. Here, A has missed a legal title of such property. However, A has a possessory title.
What does Section 6 of the Act say?
Now, when we refer to the provision of section 6 of the act, this section says that if a person is dispossessed of immovable property without his consent, without following due process of law. He may lay a suit for recovery of possession, even if the title of such property is obtained by another. Therefore no one is allowed to take possession in a violent manner. They may be entitled to bring back such possession by a court of law.
The applicability of section 6 of the specific relief Act;
This section is applicable when the plaintiff meets the following circumstances.
- The disputed immovable property has to be in legal possession of the plaintiff.
- He has been dispossessed the property without his consent and without due course of law.
- He has been dispossessed from his possession within six months from the date of the suit.
Both sections provide the same remedies in alternative ways but are exclusive. When we talk about Section 5, which deals with a dispossessed person, he can get back such possession on the based of his title. In contrast, Section 6, which deals with a dispossessed person, can get back such possession on the based of proving his previous possession, and also, he needs to prove he is dispossessed in the wrong manner.
Here is one thing we should need to add to follow section 6, the disputed possession should be legal that may be existed with or without actual possession. And one more thing is that there is no requirement to have an original title for claiming that possession.
What does Section 7 of the Act say?
The Specific Relief Act 1963, under section 7, deals with the recovery of possession of certain specific movable property. According to this section, a person is entitled to recover the specific movable property. He may get this possession by following the provisions of the Civil Procedure Code 1908.
Movable property means such kind of property which is taken out from the custody, authority, or in some cases that the owner or possessor of such property can be prevented from using it. In short, we can say that movable property means any kind of property which is not covered under the immovable property.
This section does not recognize only owners; that may be any person such as;
This section does not recognize only owners. That may be any person, such as; a trustee, who has a beneficial interest in the person who is entitled to that property. And the second is a person who has his right in the present possession.
Who is entitled to file a suit under this section?
This section provides a right to file a suit for possession under Specific Relief Act; any aggrieved party is eligible to file a suit. But, here, the main subject matter is movable property, it should not be altered or replaced, and it should be identical in a specific sense. Anyone who has lawful possession of such property can file a lawsuit. It is not necessary this right is avail only to a true owner. Like, Bailee, pawnee, etc.
Exception of these sections;
There is some exception that you should know. The suit can not be filed against the Indian government by applying these sections for the property of movable or Immovable property. A person who occupied possession by unlawful or forceful that is not entitled to file a suit under this section.
Limitation Period
The Limitation Act,1963, Article 91(b) deals with a limitation period for filing a suit. According to that, a person can file a suit within three years from the date when the property is his property is wrongfully taken or may file a suit when such possession becomes unlawful.
What does Section 8 of the Act say?
The Specific Relief Act,1963, under section 8, deals with the liability of that person who is in possession other than the owner. According to that section, anyone who has exercised control or has possession of a special article of movable property in which he is not an owner of such property, in a legal way, is duty-bound to deliver that immediate possession to that person. For that, there are some special situations described that are given below;
- When a thing is claimed by the plaintiff against the defendant, which is held by him as a trustee or agent of the plaintiff.
- The loss of things is not adequate as compensation in monetary relief to the plaintiff.
- When it is difficult to calculate what the actual damage comes out of the loss.
- When the plaintiff makes a claim of that thing which is wrongfully transferred by him.
Conclusion
When we talk about remedies for the contract, it can be laid down under the India Contract Act 1872. This law, under various sections, provides compensatory relief in the case of a breach of contract. But sometimes it happens that the occurred damage can not be adequate in terms of money or compensation. Due to that unexpected damages, the effective contract party has no remedy for the specific performance of an agreement. Because the remedy provides under Contract Act is only in the term of compensation, in that situation, the various provisions of the Specific Relief Act provide some more effective remedies.
For example, if we talk about the provisions under sections 5 and 6 of the Specific Relief Act, 1963, those sections provide a remedy for recovering the possession of the immovable property. Similarly, the provisions under sections 7 and 8 of the Specific Relief Act, 1963 provide a remedy for recovering the possession of the movable property.
Reference
https://en.wikipedia.org/wiki/Specific_Relief_Act_1963
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