A person who is illegally dispossessed from an immovable property is entitled for possession of the same. This provision is present in section 9 of Specific Relief Act, 1877. The enactment is reproduced below:-
Suit by person dispossessed of immoveable property
9. If any person is dispossessed without his consent of immoveable 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.
Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.
No suit under this section shall be brought against the Government.
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.
There are many case laws that impose limitation on this section. The time period for filing suit from the day of dispossession is 6 months. Once that time period passes on then possession can not be reclaimed under this section.
Another aspect is that this section empowers the person in possession of immovable property to invoke his right. It has nothing to do with the title of property. A lessee, a tenant or any other person in possession can approach the court of law in this regard.
Suit by person dispossessed of immoveable property
9. If any person is dispossessed without his consent of immoveable 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.
Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.
No suit under this section shall be brought against the Government.
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.
There are many case laws that impose limitation on this section. The time period for filing suit from the day of dispossession is 6 months. Once that time period passes on then possession can not be reclaimed under this section.
Another aspect is that this section empowers the person in possession of immovable property to invoke his right. It has nothing to do with the title of property. A lessee, a tenant or any other person in possession can approach the court of law in this regard.
