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VIKRAM NATH, SATISH CHANDRA SHARMA
Sanjay Maruti Jadhav – Appellant
Versus
Amit Tatoba Sawant – Respondent
JUDGMENT :
Vikram Nath, J.
1. In this case, orders were reserved on 18.01.2024, leaving it open for the parties to move an appropriate application within two weeks, in case any settlement is arrived at. More than three months have passed; however, no such application has been filed. We are thus proceeding to decide the matter on its merits.
2. The appellants are the owners of the property in question. Under the leave and licence agreement, the property in question was given to the respondent. However, the appellants are alleged to have illegally, unauthorizedly and by use of force, evicted the respondent. Within six months of dispossession, the respondent filed a suit under Section 6 of the Specific Relief Act, 19631[Act, 1963]. The Trial Court decreed the suit after disbelieving the contentions raised by the appellants regarding voluntary handover of possession, relying upon a possession receipt. The appellant’s plea regarding the suit being not maintainable under Section 6 of the Act was also rejected.
3. Aggrieved, the appellant preferred a revision before the High Court, which has since been dismissed by the impugned order. The High Court also found that the plea of maintainability
Recovery of possession of property – Illegal usurper of property can be legally evicted therefrom under Section 6 of Specific Relief Act, 1963.
The court established that the expiration of a license does not negate the right to seek restoration of possession under Sec. 6 of the Specific Relief Act, and illegal dispossession cannot be condone....
The court ruled that a suit under Section 6 of the Specific Relief Act requires proof of dispossession within six months, and the limitation period begins from the date of dispossession, not from the....
Under Section 6 of the Specific Relief Act, courts can only adjudicate possession issues and not title disputes in cases of dispossession within six months.
Plaintiff must prove prior possession within six months of dispossession under Section 6 of Specific Relief Act; mere claims without credible evidence of personal knowledge are insufficient.
The court reaffirmed that in suits under Section 6 of the Specific Relief Act, the focus is solely on possession and unlawful dispossession, not on the title of the property.
An appeal or review is not maintainable against any order or decree passed in a summary suit for recovery of possession instituted under the specific statutory provision, as the law explicitly bars s....
The main legal point established in the judgment is that suits for recovery of possession under Section 6 of the Act of 1963 must be filed within six months of dispossession, and the title of the par....
In a suit under Section 6 of the Specific Relief Act, the focus is solely on possession and dispossession, not on title, and plaintiffs must prove they were in possession within six months prior to f....
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