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BIRENDRA KUMAR
Om Prakash S/o Shimbhulal Vyas – Appellant
Versus
Nandlal S/o Madanlal – Respondent
JUDGMENT :
1. Respondent no.1 Nandlal brought Civil Original Suit No.224/2009 under Section 6 of the Specific Relief Act, 1963 for recovery of possession against the petitioners and the proforma respondents. The suit was decreed by judgment and decree dated 09.02.2021. Since Sub-Section (3) of Section 6 of the Specific Relief Act, 1963 prohibits maintainability of appeal or review against any order/ decree passed under Section 6 of the Specific Relief Act, 1963 this revision petition under Section 115 of CPC has been filed.
2. Case and claim of plaintiff-respondent was/is that Simbhulal and his two sons Madan Lal & Om Prakash Vyas had jointly acquired Patta No.259 in respect of Plot No.990 in the year 1946-1947. Madan Lal was father of respondent no.1 Nandlal Vyas. The petitioners herein Om Prakash Vyas is another son of Simbhulal and petitioner no.2 is son of Om Prakash Vyas. The plaintiff asserted that after the death of Simbhulal Ji, though, Plot No.990 and the house standing thereon was never partitioned by metes and bounds but the co-sharers were conveniently using different portions of the suit property. The portion of Plot No.990 shown within “ABCD” was occupied by plaintiff N
The judgment emphasizes the limitations of revisional jurisdiction under Section 6 of the Specific Relief Act and the protection of symbolic or constructive possession.
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....
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 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,....
In Section 6 Specific Relief Act suit, plaintiff must prove settled possession on exact dispossession date against specific defence of third-party prior occupation; trial court's perverse ignorance o....
The judgment emphasizes the importance of substantiating claims and providing specific evidence in property disputes, particularly in cases involving illegal possession and dispossession.
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