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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
Narsingh Narayan – Appellant
Versus
Mahesh Lal – Respondent
ORDER :
REKHA BORANA, J.
1. The present revision petition has been filed against the judgment and decree dated 26.10.2007 passed by Additional District Judge (Fast Track) No.4, Jodhpur in Civil Original Suit No.69/2006 whereby the suit under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as ‘the Act of 1963’) as filed on behalf of the plaintiff was decreed.
2. Vide the impugned judgment, the defendants were directed to handover the possession of the area marked in green in the map as annexed alongwith the plaint, to the plaintiff.
The defendants were further restrained from interfering with the possession of the plaintiff on the first floor of the property in question (marked as red in the map).
3. The facts are that a suit under Section 6 of the Act of 1963 was filed by plaintiff Mahesh Lal with a specific averment that the property in question was of the ownership of his maternal grand- mother and he resided with her since his childhood. Vide will dated 22.09.1998, his maternal grand-mother bequeathed the property to him and he was in sole possession of the property in question. However, the defendants i.e. his maternal uncles served notice dated 07.07.2004 ca
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.
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.
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 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.
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 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,....
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....
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