Recovery of Immovable Property

Q 2.
Discuss the procedure for the recovery of immovable

property under the Specific Relief Act?
1) Introduction
 No one can be deprived from his immovable property without lawful reason. If a person
who is deprived from his immovable property without lawful reason in this case, he can
file a suit for recovery of possession such immoveable property. Because Sec 8 and 9
relates to the recovery of possession of immoveable property. Person who has been
illegally deprived from his property, he has relief under Sec. 9 of Specific Relief Act.
2) Relevant provision
 Section 8, 9 of Specific Relief Act 1877 provides the remedy of recovering possession of
immoveable property.
3) Definition of Immoveable property

 Immovable property is an immovable thing or property which cannot be moved from
one place to another place without destroying or shifting it such as property which is
fixed to the earth, such as land or a house.
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.
6) Procedure of recovering possession of immovable property

1. Regular procedure
 If any person is deprived off from his immovable property without his consent in this
case he can file the case on the basis of title under Sec. 8 of specific relief act.
 'A person entitled to the possession of immovable property can recover it in the manner
prescribed by the code of civil procedure.
I. Essential of Sec. 8
 Strength of possessory title.
 Existence of proof of prior possession.
 Dispossession should be forceful.
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.
I. Essential of summary procedure

 The plaintiff must have possession of immovable property.
 He must have been enjoying the possession from the last 6 months, before forceful
dispossession.
 He must have been forcefully dispossessed without any lawful reason.
 Dispossession must be without the consent of person.)
II. Exceptions
Following are exceptions to Sec. 9
 No legal action can be taken against central or provincial government.

 No legal action can be taken against decree of the court.
 No review or appeal shall lie against such an order of restoration of possession.
 No one can be restrained from establishing his title of possession in the court of law.
III. Essentials of Sec. 9

 Its object is to discourage people from taking the law into their own hands, however
good their title may be.
IV. Nature
 Summary procedure under Sec. 9 provides a speedy remedy under specific relief act.
 Case law2004 YRL 105

 It was held that summary procedure have been provided under no Sec. 9 to person
deprived off from immoveable property without his consent. Person coming under this
Sec. is required to show that he had actual physical possession of immoveable property
from which he was deprived off without his consent by defendant within six months
7) Difference between section 8 and section 9
Following are the difference between sec 8 and section 9 of the 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.

Recovery of Immovable Property

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Q 2.

Discuss the procedure for the recovery of immovable

3) Definition of Immoveable property

6) Procedure of recovering possession of immovable property

I. Essential of summary procedure

 No legal action can be taken against central or provincial government.

III. Essentials of Sec. 9

 Case law2004 YRL 105

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