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Specific Relief Act 1963 (Section 5,6,7 And 8)
SPECIFIC RELIEF ACT 1963
(Section 5,6,7 and 8)
Definition
The Specific Relief Act of 1963 of the Parliament of India provides the solution for citizens whose civil and contractual rights have been violated.
Following remedies may be allowed by the court under the provisions of the Specific Relief Act 1963
- Recovery of possession of the property
- Specific performance of contracts
- Rectification of instruments
- Cancellation of instruments etc.
RECOVERY OF POSSESSION OF PROPERTY
Recovery of Possession of Immovable Property -
Section 5 and section 6 of This act of 1963 issues method for the recuperation of possession of the specific immovable property. Section 5 of The Specific Relief Act, 1963 provides that the person entitled to the guardship of specific immovable property can recuperate in the manner prescribed by the Cr.P.C,1908.
Sec. 5 of The Specific Relief Act, 1963- A person eligible to the ownership of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908. Example-if A citizen sanctioned to the specific immovable property than he can recover it in the manner provided by the code of civil procedure, 1908 (5 of 1908).
It is a principle in law that if a person is using the immovable property for a long period then he can protect it by an injunction against anyone in the world accept the owner of that immovable property. It is also a principle that the owner can get back his possession only through the process of law.
Section 6 of The Specific Relief Act, 1963- If any owner of the specific immovable property is dispossessed without his/her consent then he or any person claiming through him may, by suit, can recover possession. There are some essential requirements for recovery under section 6 as follows-
- The person suing of dispossession must own that property.
- The person must be dispossessed of the property unlawfully.
- The person dispossession must be without the consent of the owner.
- Section 6 sub-clause (2) states that suit can be filled in 6 months of the dispossession and it also states that no suit can be filed against the government in such cases.
Somehow if a person is not able to file a case in the given period then he/she can file a case under section 5 (to prove his title in a better way).
Recovery of the Possession of Movable Property
Sec. 7 of Specific Relief Act 1963, A person entitled to the ownership of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908. The things to be recovered must be specific and capable of identification. The nature of things must continue without alteration.
A trustee can sue under this section possession of the movable property to protect the beneficial interest of the beneficiary and it is not necessary to make the beneficiary, parties to the suit.
Sec. 8 of The Specific Relief Act 1963, Legal responsibility of an individual in matters of possession, not as an owner, to convey to persons entitled to instant possession.—Any the individual having the possession or control of a particular editorial of movable property of which he is not the owner, maybe duty-bound to deliver it to the person who is entitled to its instantaneous possession, in any of the following cases:—
- When the object asked for is held by the defendant as the mediator or trustee of the plaintiff;
- When compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed;
- When it would be exceptionally challenging to determine the real destruction instigated by its loss;
- When the control of the article demanded has been illegally relocated from the plaintiff.
- That it would be particularly demanding to find out the actual damage caused by its loss.
Conclusion
The Specific Relief Act of 1963, has a set relief given to the parties to suit? There are different rules and regulations which focus on providing compensation to all. This legal enactment aim is that no person should live in loss and the people who cause damages to them must restore all the losses and benefits received by them. This act focuses on providing justice to all.
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