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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Gamdoor Singh – Appellant
Versus
Harjinder Singh – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Present civil revision petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 06.09.2017 (Annexure P-6) passed by the Civil Judge (Junior Division), Malerkotla, whereby the suit under Section 6 of the Specific Relief Act, 1963, filed by the respondents No.1 to 3 for possession has been partly decreed.
ARGUMENTS ON BEHALF OF THE PETITIONERS
2. Learned counsel for the petitioners has submitted that the petitioners were defendants No.3 and 4 in the main suit filed by respondents No.1 to 3 under Section 6 of the Specific Relief Act, 1963 (hereinafter to be referred as '1963 Act') and the said petitioners were bona-fide purchasers, inasmuch as, they had purchased the suit land vide registered sale deed dated 01.06.2012. It is further submitted that the petitioners had taken possession from defendant No.2 and thus, the suit filed by respondents No.1 to 3 under Section 6 of the 1963 Act, against the present petitioners was not maintainable and accordingly, the impugned judgment dated 06.09.2017, decreeing the suit of respondents No.1 to 3 partly, is against law and deserves to be set aside. It is argued that the tri
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....
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 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,....
Possession, not ownership, is the basis for relief under Section 6 of the Specific Relief Act, and the court cannot adjudicate title issues in such proceedings.
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