Recovery of Possession of Immovable Property under Specific Relief Act

Introduction

There are two different concept of term ‘Possession’

 Corpus – Actual power and apparent control over the object

 Animus – Will to avail oneself of the Corpus

The Specific Relief Act of 1963 addressed a vast number of legal issues that needed to be addressed. In most cases, substantive law, which outlines rights and responsibilities, provides remedies. The law of contract, for example, provides a remedy for the violation of contract in the form of damages. Although the Specific Relief Act is focused on civil rights rather than criminal laws, even civil law must protect some rights, including those related to property holding. There are two types of property: mobile and immovable.

Let us now understand this with the help of an example .

A is an owner of a house and he gives permission to B for living there for some days, after two years when A asked B to leave the house he disagreed with the same. And also after repeated warning by A, B didn’t leave the house

Now in this situation under section 5 of specific relief A can recover his house from B, he can file a suit under ownership.

Possession of transportable property is reclaimed:-

The Specific Relief Act of 1963, Sections 5 and 6, establish methods for regaining custody of certain specific immovable property. A person entitled to ownership of any specific immovable property can recover it in the way stipulated by the Code of Civil Procedure, 1908, under Section 5 of the Specific Relief Act, 1963. (5 of 1908). Section 5 explains how to get the specific immovable property back. “A person entitled to possession of the specified immovable property may reclaim it in the manner prescribed by the Code of Civil Procedure, 1908,” it states.

The keyword in this section is ‘title,’ which means that whoever has a better title is entitled to ownership. It’s possible that the title is one of ownership or possession. Thus, even if ‘A’ takes peaceful possession of land claiming it as his own despite having no legal title, he has the right to sue another who has forcibly removed him from possession since, though he may not have a legal title, he does have a possessory title. It is a legal notion that a person who has had long-term continuous possession of immovable property can defend it by requesting an injunction against anyone other than the real owner wherever in the world.

Both Sections 5 and 6 provide alternative remedies, but they are mutually exclusive. A person who has been displaced can reclaim possession under section 5 on the basis of title, whereas a person who has been displaced can reclaim possession under section 6 by demonstrating previous possession and further unjust dispossession. In the meaning of section 6, possession refers to legal possession that can exist with or without physical possession and can be of any rightful origin. In a section 6 lawsuit, the plaintiff is not required to establish title.

Possession of movable goods is reclaimed:-

The Certain Relief Act of 1963, Sections 7 and 8, contains measures for regaining control of specific moveable goods. “A person entitled to the custody of the designated movable property may recover it in the manner authorized by the Code of Criminal Procedure, 1908,” says Section 7 of the Act (5 of 1908).

Explanation 1: Under this clause, a trustee may claim for possession of the movable property to which he is entitled.

Explanation 2: A temporary or special right to current possession is enough to sustain a claim under this section.”

Section 7 vs. Section 8: What’s the Difference?

A person with a special or temporary right to present possession can bring suit even against the owner under section 7, whereas a decree under section 7 is for the return of movable property or the money value in the alternative, whereas a decree under section 8 is only for the return of a specific article.

Limitation Period:-

Under Article 65 of the Limitation Act, a suit for possession of immovable property, based on title, can be filed by a person for claiming the title. The statutory limitation period for immovable property is within 12 years. According to Article 65, The limitation commences from the date when the possession of the defendant becomes adverse to the plaintiff. In these circumstances, it is apparent that to contest a suit for possession, filed by a person on the basis of his title, a plea of adverse possession can be taken by a defendant who is in hostile and open possession if a person has remained in possession for a period of 12 years.

Conclusion:-

Because the Indian Contract Act of 1872 only provides relief in the form of compensation in cases of contract breach, the remedies offered by the Specific Relief Act become required. The plaintiff had no remedy for specific performance where the loss was not quantifiable and compensation in the form of relief was insufficient to compensate for the loss. A person entitled to the possession of immovable property or having a particular right to the possession may recover it through the legal process under the requirements of sections 5 and 6. Similarly, sections 7 and 8 give the person the power to reclaim custody of transportable goods.

The article is written by Kiran Israni, 3^rd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

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