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MANOJ KUMAR GARG
Abu Khan, S/o. Chand Khan – Appellant
Versus
Ishaq Khan, S/o. Kammu Khan – Respondent
ORDER :
Manoj Kumar Garg, J.
1. The present revision petition has been filed by the petitioner against the judgment and decree dated 11.05.2011 passed by learned Additional Civil Judge (J.D), Jodhpur Metropolitan No. 3 passed in Civil Suit No. 109/2001 whereby, the suit filed by the petitioner for possession and recovery of mesne profit has been rejected.
2. Brief facts of the case are that petitioner filed a suit against the respondents for possession of Plot No.105 situated at Chopasani Road, Kachhi Basti, Jodhpur so also seeking mesne profits under Section 6 of the Specific Relief Act.
3. Upon service of notice, the respondents filed written statement and denied the facts stated in the suit. On the basis of the pleadings of the parties, the trial court framed as many as five issues. The plaintiff and the defendants produced their respective evidence and also exhibited various documents.
4. The trial court after taking into consideration the arguments of both the parties, dismissed the suit by way of judgment and decree dated 11.05.2011. Hence, this revision petition.
5. Learned counsel for the petitioner argued that the learned trial court has committed grave error of law in passing t
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.
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....
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....
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 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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