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S.10 .…..SRA,1877.
MOVEABLE PROPERTY.
RECOVERY OF POSSESSION
1-eable must be Specific property.
2- Ascertainable (confirmed or proved) is specific moveable property.
3- Equivalent to the value of it, is not specific moveable property.
4-Government securities and share certificates are ascertainable.
Pre-requisites for Grant of Relief.
1-Plaintiff must be Owner of movable Property.
2-There may be temporary right to recover Possession.
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Section.11. ( Title not necessary)
Pre-Requisites .
1. Any person in possession or control of moveable property.
2. Possessor may not be the owner thereof.
3. Only illegal & forcible dispossession is sufficient to set the law in to motion.
Conditions for Relief.
(a) The defendant is the agent or trustee of the claimant;
(b) when compensation in money is not adequate Relief.
(c) Difficult to ascertain the actual damage/loss caused.
(d) The possession has been wrongfully transferred from the claimant.
Modes of specific relief:-
Following are the modes of reliefs by which it is granted:
1. The person who has been dispossessed
2. wrongfully and Forcibly .
3. Unlawfully and without order of a competent court.
4. Goods are redelivered to its principal owner even he has not title.
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