RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY
INTRODUCTION:
Specific Relief Act describes a person who is entitled to the possession of particular immovable property and is dispossessed by another, may recover the possession of the same under Sections 8 and 9 of the same Act.
PURPOSE OF POSSESSORY RELIEF:
The main purpose is to discourage possible dispossession and provide a quicker remedy for recovery of possession when a person is dispossessed from specific immovable property, otherwise than in the course of law.
PROCEDURE FOR RECOVERY OF SPECIFIC IMMOVABLE PROPERTY:
If a person in quiet and undisturbed possession of property is forcibly dispossessed, the Specific Relief Act provides the following procedure for the recovery of possession.
REGULAR PROCEDURE U/SEC. 8:
This section provides that A person entitled to the possession of specific immovable property may recover it in the manner prescribed by the Code of Civil Procedure.
Analysis of Section 8
Essential ingredients of Section 8:
Ingredients of the Section 8 are: -
- Strength of possessory title.
- Proof of prior possession.
- Forcible dispossession.
- A person
The word “A person” connotes a person having juridical or legal possession.
Entitled to possession:
The word “entitled to possession” means a right to possession based on ownership or possession which the person claiming has been dispossessed.
Specific immovable Property:
Meaning of Specific:
The term specific means to limit the scope of litigation to certain property in question.
Meaning of immovable property:
Any land, any benefit arising out of land, things attached to the earth or anything permanently fastened to anything attached to the earth.
Manner prescribed by C.P.C
Bring a suit for ejectment based on title and consequential restoration of possession to the plaintiff.
Possessory Title:
It is a well-established principle of law that possessory title is good against all persons except the true owner. Possession is a subsisting right in law and the law protects such right.
Limitation period:
A suit under Section 8 can be filed within 12 years of dispossession.
SUMMARY PROCEDURE SECTION 9
If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may by suit recover possession.
Essentials of Section 9:
Juridical possession:
The possession of the plaintiff must be juridical and he must establish it. It is possession based on right and not a possession obtained either by force or by fraud.
Dispossession of the plaintiff:
The person suing must have been dispossessed of actual physical possession of the immovable property which implies exclusion from possession of a person legally entitled to be possessed by another without the consent of the person.
Without consent:
If the dispossession of the plaintiff is with his consent Section 9 will not apply. For the application of this section, the dispossession must be without his consent.
Otherwise than in due course of law:
If the possession of the plaintiff is through the medium of law, Section 9 will not apply.
Institution of Suit:
The suit must be instituted within 6 months from the date of dispossession. If the suit is brought after six months the plaintiff can recover only if he proves his title to the property.
OBJECT OF SECTION (9)
The object of Section (9) is to discourage forcible dispossession and to enable the “person dispossessed” to recover possession.
Nature of possession:
S.R.A u/sec 9 says nothing about the nature of possession. It includes de facto as well as de jure possession.
Limitation period:
According to Article 3 of Schedule 1 of the Limitation Act, a suit under Section 9 is to be filed within 6 months from the date of dispossession.
Exceptions:
Following are the exceptions to Section 9:
- No one shall be restrained from establishing his title of possession in the Court of law.
- No suit under this section can be brought against the Government.
- No appeal or review shall lie from any order or decree passed in any suit instituted under this section.
DISTINCTION BETWEEN SECTIONS 8 AND 9:
The main points of distinction between Sections 8 and 9 are as under:
REGULAR SUIT
Section 8: The plaintiff has to file a long-drawn regular suit for ejectment.
Section 9: It gives a summary remedy.
CLAIM:
Section 8: The claim is based on the title.
Section 9: the claim is based on possession.
LIMITATION:
Section 8: The period of limitation is 12 years
Section 9: It is six months from the date of dispossession.
CONCLUSION:
To conclude I can say that Sections 8 and 9 of the Act relate to the recovery of possession of imm0 property. Proceedings u/s. 8 are general, on the other hand proceeding u/s. 9 are Summary in nature. Under Section 8 claim is based on title whereas the claim is based on possession under Section 9. The limitation for filing suit u/s. 8 is 12 years from the date of dispossession and the limitation for filing suit u/s. 9 is 6 months from the date of dispossession.
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