• Immovable Property

Suit for possession or recovery of a specific immovable property is recoverable by filing a suit under the Code of Civil Procedure 1908. Immovable Property may include house, flat, shop, building, plot or land.

Section 6 of the Specific Relief Act 1963 provides that if a person has been dispossessed of an immovable property without his consent may file a suit for recovery of possession. Therefore, to get a relief from the court or to file a suit for recovery of possession a person need not be an owner of the property. The entire proceedings depend on the fact that once a person was in possession of the property and now, he is dispossessed.

However, he must go before the court with clean hands and has to inform the court as to how he came to possess such property, like under what authority or entitlement and inform as to how he is now dispossessed.

It is necessary to note that such suit cannot be filed after 6 months from the date of dispossession. It is also necessary to note that such suit cannot be filed against government. It is a civil remedy and can be filed only against private defendants.

A suit under Section 6 of the Specific Relief Act 1963 is totally different from a suit for declaration of title and claiming possession of the immovable property thereof. Section 6(4) specifically stipulates that a suit for declaration of title and possession thereof is not barred by a suit, order, or decree under Section 6 of the Specific Relief Act 1963.

• Movable Property

Similarly, a suit for recovery movable property can also be filed under Code of Civil Procedure 1908.

Any person who is not the owner of the movable property, but is in possession of the same, has to deliver the possession of the movable property to the owner of that property if the court is satisfied that compensation in money would not afford the owner the adequate relief for the loss of the property or it is difficult to assess the damages caused due to such loss.

Meaning thereby, in case of a movable property, first court will try to assess the damages caused due to loss of the property and direct the person in possession to pay for the same, however, if it is difficult to assess the damages or adequate relief cannot be granted only by payment of money, the court will direct the person in possession of the movable property to return the property immediately to its original owner.