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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE BIRENDRA KUMAR, J
NARBADA DEVI AND ANR – Appellant
Versus
SHANKER LAL AND ORS – Respondent
Order :
1. Heard the parties.
2. The plaintiffs/respondents brought case No.18/2004 under Section 6 of the Specific Relief Act which has been decreed by the impugned judgment dated 25.11.2005.
3. Contention of the defendants/petitioners is that the trial court has exceeded in exercise of its jurisdiction and has decided so many issues; including issue of title, which was not permissible under Section 6 of the Specific Relief Act .
4. Section 6 of the Specific Relief Act reads as follows:-
“6. Suit by person dispossessed of immovable property.—
(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person [through whom he has been in possession or any person] claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
(2) No suit under this section shall be brought—
(a) after the expiry of six months from the date of dispossession; or (b) against the Government.
(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.
(4) Nothing in this section shall bar
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 court ruled that a suit under Section 6 of the Specific Relief Act requires proof of dispossession within six months, and the limitation period begins from the date of dispossession, not from the....
Plaintiff must prove prior possession within six months of dispossession under Section 6 of Specific Relief Act; mere claims without credible evidence of personal knowledge are insufficient.
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.
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