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I. P. MUKERJI
S. K. Ajijul – Appellant
Versus
Mohd. Salim – Respondent
JUDGMENT :
I.P. MUKERJI, J.
1. This is an application under Article 226 of the Constitution of India read with section 115 of the Civil Procedure Code.
2. At the outset I say that I have gone through, the various orders of this Court passed from time to time, between 15th February, 2023 and 22nd November, 2023.
3. None appears for the respondents or for the State Legal Services Authority or the State.
4. The petitioner/plaintiff had filed a suit against the respondents in the learned court below, complaining of wrongful dispossession from the suit property and claiming back its possession from them, under section 6 of the Specific Relief Act. Claim for mesne profit was also made.
5. On 25th April, 2016, the suit was decreed directing the respondents to deliver peaceful possession of the suit property to the petitioner together with a decree for damages assessed at Rs. 10,000/- with the stipulation that the amount had to be paid and possession to be delivered within sixty days from that date failing which the petitioner would be at liberty to levy execution.
6. In execution, the petitioner was able to realize Rs.10,000/- from the respondents as recorded in the order of the executing court
Section 6 of the Specific Relief Act allows a plaintiff wrongfully dispossessed from immovable property to claim possession within six months of such dispossession, irrespective of any other title th....
Possession is the key issue in suits under Section 6 of the Specific Relief Act, and the burden of proof lies on the petitioner to establish prior lawful possession.
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.
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.
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....
The judgment establishes the principle that the period of limitation prescribed for instituting a suit for recovery of possession under Section 6 of the Specific Relief Act must be adhered to, and fa....
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....
Sub-section 2(a) of section 6 stipulates that no suit under the said section shall be brought after expiry of six months from date of dispossession and sub-section (2)(b) of said Section 6 stipulates....
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