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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Devashis Baruah
Kakojan Kristi Kendra – Appellant
Versus
Prodip Dutta S/O- Late Manik Dutta – Respondent
| Table of Content |
|---|
| 1. invocation of revisional jurisdiction (Para 2 , 3) |
| 2. arguments regarding possession of land (Para 4 , 5) |
| 3. background of the land dispute and dispossession (Para 6 , 7 , 8) |
| 4. preliminary objections and issues framed (Para 9 , 10) |
| 5. trial court’s findings on possession (Para 11 , 12) |
| 6. scope and purpose of section 6 of the sr act (Para 14 , 15) |
| 7. judgment and order of the high court (Para 16 , 17 , 18) |
JUDGMENT :
Devashis Baruah, J.
Heard Ms. N. Kakati, the learned counsel appearing on behalf of the petitioners and Mr. P. K. Gogoi, the learned counsel who appears on behalf of the respondent Nos.1 & 2.
2. The revisional jurisdiction of this Court has been invoked to challenge the judgment and decree dated 04.06.2024 passed in Title Suit No.20/2021 whereby the learned Court of the Civil Judge (Junior Division) No.2 at Jorhat (hereinafter referred to as ‘the learned Trial Court’) had decreed the suit under Section 6 of the SPECIFIC RELIEF ACT , 1963 (for short, ‘SR Act’) in favour of the plaintiff.
3. The revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908 has been invoked on the ground that the learned Trial Court had exercised its jurisdicti
The necessity for clear factual findings regarding possession under Section 6 of the Specific Relief Act is critical in summary proceedings concerning unlawful dispossession.
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.
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.
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....
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 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,....
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