Section 5 – The Specific Relief Act (SRA) – Recovery Of Specific Immovable Property.

Code: Section 5 of The Specific Relief Act, 1963

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).

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Explanation of Section 5 of the Specific Relief Act

Section 5 lays down the legal remedy available to a person who is entitled to the possession of immovable property. It allows such a person to recover possession through a civil court by following the procedure outlined in the Code of Civil Procedure, 1908 (CPC).

This provision ensures that lawful owners or possessors can reclaim their property without resorting to force or unlawful means. The recovery must be sought through proper legal channels.

Key Points:

• The remedy is only available for immovable property (e.g., land, buildings).
• The person seeking recovery must have a legal right to possess the property.
• The process for recovery must follow the civil procedure laid down in the CPC.
• This section does not apply to movable property (which is covered under Section 7).

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Illustration

Example 1: Recovery of Leased Property
If a landlord legally terminates a lease and the tenant refuses to vacate, the landlord can file a civil suit under the CPC to recover possession under Section 5.

Example 2: Illegal Occupation
A person unlawfully occupying another’s property can be evicted through a civil suit by the rightful possessor, as permitted under this section.

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Common Questions and Answers

1. What kind of property does Section 5 apply to?
   Section 5 applies specifically to immovable property such as land and buildings.
2. Can a person use force to take back possession of their property?
   No. Section 5 requires that recovery be done legally through the court system, not by using force.
3. What legal process must be followed to recover possession?
   The person must file a civil suit under the Code of Civil Procedure, 1908.
4. Does this section apply to movable property?
   No. Recovery of movable property is covered under Section 7 of the Act.

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Conclusion

Section 5 of the Specific Relief Act, 1963 reinforces the rule of law by allowing the rightful possessor of immovable property to recover it through legal proceedings. It prohibits self-help or forcible dispossession and mandates following the procedure established in the Code of Civil Procedure.

To explore more legal remedies and rights related to property and possession, visit ApniLaw.

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