Recovery of Possession of Immovable Property under Section 5 and Section 6 of Specific Relief Act, 1963

Recovery of Possession of Immovable Property under Section 5 and Section 6 of Specific Relief Act, 1963

Section 5 & Section 6 of the Specific Relief Act, 1963 provide for the remedy of Recovering Possession of Immovable Property.

Section 5 deals with Recovery of Immovable Property on the strength of Title.

Section 6 deals with Revovery of Immovable Property on the strength of Possession.

Section 6(1) deals with person dispossessed from Immovable Property without his Consent then he may claim by suit recover possession.

Section 6(2) deals with no suit shall be brought:
1. After the expiry of Six Months from the date of Possession.
2. Against the Government.
3. No appeal shall lie from any orders or decree passed in any suit instituted under this section.

Case Law: M/s. Chandra 7 Co. V. State of Rajasthan (AIR 1976 SC 1628)

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