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Recovery of Immovable Property
Recovery of Immovable Property
2) Relevant provision
Section 8, 9 of Specific Relief Act 1877 provides the remedy of recovering possession of
immoveable property.
4) Definition of possession
A person who is possessor of anything, he has complete control over the thing and has
the right of exclusion of others is called possession
5) Evidence of Possession
Following have been held prime facie evidence of possession
Entry in khewat
Existence of possession before displacement by act of God e.g earthquake.
Grant of lease.
Apprehension of rent.
Handing over key of the promises.
Registration of ownership of property.
2. Summary procedure
Summary procedure for recovery of the possession of immoveable property is provided
under Sec. 9 of the specific relief act.
'If any person is deprived off from his immovable property without his consent and
without lawful reason, he can file case in the court of law in order to recover the
possession there of.
II. Exceptions
Following are exceptions to Sec. 9
IV. Nature
Summary procedure under Sec. 9 provides a speedy remedy under specific relief act.
1. As to nature:
Sec 8 is not summary proceeding.
Sec. 9 is summary proceeding.
2. As to title
Title of property must be proved for recovery of possession of immovable property
under section 8.
Title of property under sec. 9 is not required to prove.
3. As to limitation
Time limitation for filing the case u/s 8 is 12 years.
Time limitation for filing the case u/s 9 is 6 months after the time of dispossession.
4. As to remedy
Sec 8 provides general remedy.
Sec. 9 provides quick remedy for possession of immovable property.
8) Conclusion
To conclude I can say that Sec. 8 and Sec. 9 of specific relief act provided alternative
remedies and they are mutually exclusive. A plaintiff cannot combine suit. Under Sec. 8
claim is based on the title while claim is based on possession in Sec. 9.