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DEVASHIS BARUAH
Ramesh Barman S/O Late Baliram Barman – Appellant
Versus
Md. Sirajuddin Ahmed, S/O Late Abdul Wahed – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. G. N. Sahewalla, the learned senior counsel assisted by Mr. R. Sarmah, the learned counsel appearing on behalf of the petitioners. I have also heard Mr. A. C. Sarmah, the learned senior counsel assisted by Mr. G. Bharadwaj, the learned counsel appearing on behalf of the respondent.
2. The instant proceedings is initiated by invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) challenging the judgment and decree dated 21.01.2023 passed by the learned Civil Judge, (Junior Division) No. 1, Nalbari in Title Suit No.65/2016 whereby the suit was decreed in favour of the plaintiff holding inter-alia that the plaintiff was entitled for restoration of possession of the land described in Schedule-3 of the plaint from the defendants in terms with Section 6 of the Specific Relief Act, 1963 (for short, ‘the Act of 1963’).
3. The challenge so made to the impugned judgment and decree dated 21.01.2023 passed in Title Suit No.65/2016 is primarily on the ground that the learned Trial Court had exercised its jurisdiction illegally and with material irregularity.
4. To ascertain as regards
In proceedings under Section 6 of the Specific Relief Act, the court only assesses possession and timely filing of the suit post-dispossession, not ownership claims.
The necessity for clear factual findings regarding possession under Section 6 of the Specific Relief Act is critical in summary proceedings concerning unlawful dispossession.
A proceeding under Section 6 of the Specific Relief Act, 1963 is intended to provide immediate relief for unlawful dispossession, focusing on possession rather than title, and the High Court's revisi....
The court emphasized that under Section 6 of the Specific Relief Act, 1963, the focus is on possession rather than title, affirming the summary nature of dispossession proceedings.
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 main legal point established in the judgment is that in a suit under Section 6 of the Specific Relief Act, the plaintiff must prove his possession and dispossession within a period of six months,....
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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