Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to Criminal and Civil Rights. In today’s blog post, we aim to shed light on the prevailing issues surrounding Dispossed of property, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
PREFACE
A suit for the recovery of possession of immovable property is a legal action initiated by an individual or entity to regain ownership or possession of land, buildings, or any other immovable asset from someone who is wrongfully occupying or withholding it. This type of legal remedy is commonly sought when there has been a trespass, illegal occupation, or breach of a lease or rental agreement.
The need for such a suit may arise due to various reasons, including disputes over property ownership, unlawful eviction, breach of tenancy agreements, or encroachment. In many jurisdictions, laws provide specific procedures and remedies for individuals seeking to reclaim their property through legal means.
Section 5 and Section 6 of the Specific Relief Act, 1963, provide provisions related to the recovery of possession of immovable property:
- Section 5 – Recovery of Specific Immovable Property: This section outlines the conditions under which a person is entitled to recover possession of specific immovable property. It states that a person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908, or any other law in force.
- It establishes the right of a person who has been wrongfully dispossessed of immovable property to seek legal recourse for the recovery of possession.
- The section does not prescribe the exact procedure for recovery but refers to procedural laws like the Code of Civil Procedure, which govern the process of filing a suit for recovery of possession.
- Section 6 – Suit by Person Dispossessed of Immovable Property: Section 6 elaborates on the right of a person who has been dispossessed of immovable property to file a suit for recovery of possession. It states:
- A person who has been dispossessed of immovable property otherwise than by due process of law may file a suit for the recovery of possession thereof.
- The suit must be filed within a specified period from the date of dispossession, which is typically within six months.
Requisites of Section 6 of SRA
Section 6 of the Specific Relief Act, 1963, lays down certain requisites or conditions that must be satisfied for a person to file a suit for recovery of possession of immovable property. These requisites include:
- Dispossession: The person must have been dispossessed of the immovable property. Dispossession refers to the act of being wrongfully deprived of possession or ousted from the property without lawful authority or due process of law.
- Wrongful Dispossession: The dispossession must have occurred otherwise than by due process of law. This means that the person must have been unlawfully or wrongfully dispossessed of the property, such as through force, fraud, coercion, or any other illegal means.
- Timely Filing: The suit for recovery of possession must be filed within the prescribed period from the date of dispossession. Typically, the limitation period is six months from the date of dispossession. However, this period may vary depending on the circumstances and can be extended by the court in certain situations.
- No Other Adequate Remedy: The person filing the suit must not have any other adequate legal remedy available to recover possession of the property. If there is an alternative legal remedy or recourse available, the court may refuse to entertain the suit under Section 6.
- Good Faith Possession: The person seeking recovery of possession must have owned the property in good faith before the dispossession. Good faith possession implies that the person held possession of the property believing in good faith that they were entitled to it, without any knowledge of any defect in their title or right to possess.
Prayer for Declaration of Title of Immovable Property :
In a suit for recovery of possession of immovable property under the Specific Relief Act, the prayer for declaration of title typically includes a request for the court to declare the plaintiff as the rightful owner or entitled person of the property. This prayer aims to establish the legal ownership or entitlement of the plaintiff to the disputed property. Here’s how the prayer for declaration of title may be framed:
“May it please this Honorable Court:
- The plaintiff respectfully prays for a declaration that he/she is the rightful owner/entitled person of the immovable property described in the plaint and is entitled to possess the same.
- The plaintiff further prays for a declaration that the defendant(s) have no lawful title, right, or interest in the said immovable property and are unlawfully occupying or withholding possession thereof.
- That the plaintiff seeks a declaration of his/her title to the said property based on [state the grounds of title, such as purchase deed, inheritance, gift, etc., supported by relevant documents].
- The plaintiff humbly requests this Honorable Court to declare the plaintiff as the absolute owner/entitled person of the said immovable property and to direct the defendant(s) to vacate and deliver possession of the same to the plaintiff.
- That the plaintiff prays for such further or other relief(s) as this Honorable Court deems fit and proper in the circumstances of the case.
Finalization– In conclusion, a suit for recovery of possession of immovable property under the Specific Relief Act provides a legal recourse for individuals who have been wrongfully dispossessed of their property. Through provisions such as Section 6, the Act outlines the requisites for filing such suits, including wrongful dispossession, timely filing, absence of alternative remedies, and good faith possession. The Act also enables plaintiffs to seek declarations of title to establish their rightful ownership or entitlement to the property. Overall, the Specific Relief Act serves to safeguard property rights and ensure justice for those unlawfully deprived of possession of immovable assets.
Written By: Adv Arti Mudgil (P2167/2013)