Recovery of Immovable Property

745 Words3 Pages
Recovery Of Immovable Property Q. Discuss the procedure of recovery of immovable property under specific relief act. (2001) (2005) 1. Introduction: No one can be turned out or thrown out otherwise than in due course of law. if a person who is disposed from property otherwise than in due course of law, he can file a suit for recovery of possesion such immoveable property. Sec 8 and 9 relates to the recovery of possession of immoveable property. person who have been illgally and unauthorisely dispossessed, relief of reinstatement to such person is provided in Sec. 9 such person need not to prove his title. in Sec 8 remedy is provided for such person. 2. Relevant provisions: Sec. 8, 9 specific relief act 1877. 3. Definition of possession: Salmonds: "Possession is continuing exercise of a claim to the exclusive use of a material objection." Salmond has explained it that possession is a vital relationship which needs protection from every system of law. 4. Evidence of possession: Following have been held prime facie Evidence of possession (i)Entry in khewat (ii) Existence of possession before displacement by act of God e-g earthequack. (iii) Grant of lease. (iv) Realization of rent. (v) Handing over key of the promises. (vi) Registration of title deed. 5. Procedure of recovering possession of immovable property: I. Regular procedure: If any person is dispossessed without his consent he may lief a long-drawn regular suit on the basis of title under Sec. 8 of specific relief act according to Sec. 8 of specific relief act. 'A person entitled to the possession ofspecific immovable property may recover it in the manner prescribed by the code of civil procedure. (i) Essential of Sec. 8: (i)Strength of possessory title. (ii) Proof of prior possession. (iii) Forcible dispossession. II. Summary procedure: Summary procedure for recovery of the

More about Recovery of Immovable Property

Open Document