Recovery of possession of property

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Recovery of possession of property

By | April 2013
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RECOVERING POSSESSION OF PROPERTY

Recovery of specific immovable property.-A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).

Suit by person dispossessed of immovable property.-(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.

(2) No suit under this section shall be brought-
(a) after the expiry of six months from the date ofdispossession; or (b) against the Government.
(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.
(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.

Recovery of specific movable property.- A person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908). Explanation 1.-A trustee may sue under this section for the

possession of movable property to the beneficial interest in which the person for whom he is trustee is entitled.617
Explanation 2.-A special or temporary right to the present
possession of movable property is sufficient to support a suit under this section.

Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.- Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:-

(a) when the thing claimed is held by the defendant as the
agent or trustee of the plaintiff;
(b) when compensation in money...