Skip to main content

Posts

Showing posts from January 22, 2012

Specific Relief Act, 1963, a Quick Summary

 Under the law, three distinct actions could be brought for the recovery of specific immovable property, namely – A Suit based title by Ownership; A Suit based on possessory title; A Suit based on the strength merely of previous possession, in the case of a wrongful ouster, i.e. without following the due process of law, of a person without his consent. Section 5:               I.      When a cloud is raised over a person’s title and he does not have a possession, a Suit for declaration and possession, with or without a consequential injunction is the remedy;            II.      Where a person’s title is not in dispute but he is out of possession, he has to sue for possession and consequential injunction;          III.      Where there is merely an interference with a person’s lawful possession or where there is a threat of dispossession, it is sufficient to sue for an injunction simpliciter. Anathula Sudhakar versus P Buchy Reddy – AIR 2008 SC 2033 (2039)