Code: Section 6 – The Specific Relief Act, 1963
(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person [through whom he has been in possession 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 of dispossession; 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.
Explanation of Section 6 – The Specific Relief Act
Section 6 of the Specific Relief Act protects the right of possession over immovable property, even if the person in possession is not the rightful owner. It allows a person who has been unlawfully dispossessed to reclaim possession through a civil suit, regardless of who claims title to the property.
Key Takeaways:
- A person dispossessed without lawful authority can file a suit to recover possession.
- The suit must be filed within 6 months of dispossession.
- The remedy is available even if the person filing the suit is not the true owner, as long as they were in lawful possession.
- The Government cannot be sued under this section.
- No appeal or review is allowed for judgments under this section.
- The section does not prevent a separate title-based suit for recovery of property.
This provision is designed to discourage self-help and vigilante justice, reinforcing the principle that possession cannot be taken except by legal means.
Illustration
Example 1: Tenant Unlawfully Evicted
A landlord evicts a tenant without any legal notice or eviction proceedings. The tenant, although not the owner, can file a suit under Section 6 within six months to regain possession.
Example 2: Property Grab Without Court Order
A neighbor takes possession of someone’s land without a court decree or consent. Even if the neighbor claims ownership, the dispossessed person can sue under Section 6 to get the property back based on prior possession.
Common Questions and Answers on Section 6 – The Specific Relief Act
1. Can someone without ownership file a suit under Section 6?
Yes, as long as the person was in lawful possession and was dispossessed without due process of law.
2. What is the time limit to file a suit under Section 6?
The suit must be filed within six months from the date of dispossession.
3. Can this suit be filed against the Government?
No, Section 6 specifically bars suits against the Government.
4. Is it possible to appeal or review a judgment under Section 6?
No, Section 6 prohibits appeals and reviews in such cases.
5. Can someone still file a title-based suit if Section 6 is not applicable?
Yes, Section 6 does not bar a person from filing a separate suit based on ownership or title.
Conclusion
Section 6 of the Specific Relief Act ensures that possession of immovable property is protected against illegal dispossession. It enshrines the rule of law by preventing individuals from taking the law into their own hands. Even without ownership rights, a person in peaceful possession can seek legal recourse within six months of being unlawfully evicted. This promotes legal redress and discourages unlawful force in property disputes.
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