Recovery of Immovable Possession of Property

Recovery of immovable property :


 

The Specific Relief Act, 1963 provide for there covery of the possession of immovable property on the strength of :

 

Title and Possession :

 

Recovery on the strength of title Section -5 : A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908. According to this, he mayfile for ejectment on the strength of his title of property within 12 years from the date of dispossession.
Recovery on the strength of Possession Section 6 : A person may sometimes be dispossessed without his consent of immovable property otherwise than in due course of law. Such a person may file a suit, within six months from the date of dispossession, for the recovery of possession of such property.

 


Following are the important points in this regard:

 

Plaintiff was disposed without his consent and otherwise than in due course of law.
A suit can be instituted even against the rightful owner of the property.
No suit under section 6 can be brought against the government.
No appeal and no review of the order or decree passed under section 6 is allowed.

 

 

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