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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Lrs. Of Bhera Ram – Appellant
Versus
Kanhaiya Lal, S/o Shri Bhanwarlal – Respondent
ORDER :
REKHA BORANA, J.
1. The present revision petition has been filed against judgment and decree dated 05.08.2006 passed by the Civil Judge (Jr. Div.), Jodhpur in Civil Original Suit No. 17/2002 whereby the suit under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as ‘Act of 1963’) and for permanent injunction as filed on behalf of the plaintiff, stood dismissed.
2. Plaintiff Bhera Ram filed the suit against his brother Bhanwar Lal (defendant No.1) and sons of Bhanwar Lal (defendants No.2 & 3) with a submission that the land in question was in possession of the plaintiff since the life time of their father as their father Rupa Ram had already partitioned the property in his life time. As per the said partition, the defendants were residing in their portion after constructing their houses on the same. One of their brothers Heera Ram was even issued a patta (dated 01.10.1981) by the Gram Panchayat on basis of the long possession of the land which fell into his share.
3. It was further averred in the plaint that the plaintiff being of old age, was residing with his son at Prathvi Pura, Rasala Road, Jodhpur but frequently visited the disputed plot. He had visited
In a suit under Section 6 of the Specific Relief Act, proof of prior possession and unlawful dispossession is sufficient for relief, irrespective of title or partition issues.
In proceedings under Section 6 of the Specific Relief Act, the court's role is limited to determining dispossession within six months prior to the suit, without delving into ownership issues.
Watchman or caretaker's occupation of outhouse does not constitute settled possession of entire property under Section 6 Specific Relief Act; plaintiffs' prior possession proved by repair works entit....
Court confirmed that possession, established without due process, warrants restoration under Section 6 of the Specific Relief Act, irrespective of ownership documents, which do not confer automatic r....
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....
Possession can be reclaimed swiftly under Section 6 of the Specific Relief Act, allowing immediate remedies against illegal dispossession, disregarding title disputes.
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....
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