Watch Also Click Here. S.8.Specific Relief Act,187 Recovery of Possession of Immovable property
Having Title.
** Deprivation of possession by any unscrupulous Person having tittle,
here is panacea for the bane:-
A. The plaintiff must have ownership by,
=Purchase, Inhritance, Exchange, Gift/Tamleek etc,.
B. Suit against Government can be instituted.
C. Appeal/Review is available.
D. Limitation Act Applies.
E. Applicable upon Immovable Property.
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(S. 9.) Watch Video....... Click Here
Recovery of Possession of Immovable Property
Having no Tittle.(S. 9.)
Specific relief germinates the rule of law permits none to take the law into hands of an individual and just State should have sole authority in granting the relief to the aggrieved party.
A- Plaintiff must bring suit u/s.9 within 6 months of Dispossession .
B. Possession must be lawful .
C. Plaintiff must not be a squatter ,so come with clean hands.
D. No right of Appeal/Revision.
E. Ejection from lawful possession condemns unlawful dispossession.
F. Suit for Possession is Competent if Dispossessed:-
I- Illegally,
Ii- Forcibly,
Iii- Without court Orders.
Iv- Without Consent .
Nature of Possession.
Tenant, Lessee, Leave & Licence, Only Agreement, Grant, ETc.,
1-Only courts are competent authority to grant specific relief to the affected party.
2-Regular Civil Suit is Competent.
3-Possession must be of 6 months before Dispossession.
4-Procedure must be of Summary nature.
5-No suit against Govt against can be brought.
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