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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. AHLUWALIA
Devki Kushwah – Appellant
Versus
Mahendra Singh – Respondent
ORDER :
G. S. AHLUWALIA, J.
1. This civil revision, under Section 115 of CPC, has been filed against the judgment and decree dated 27/8/2016 passed by III Civil Judge, Class-II, Gwalior in Civil Suit No. 14-A/2010, by which the suit filed by plaintiff under Section 6 of the Specific Relief Act has been dismissed.
2. The facts necessary for disposal of the present civil revision, in short, are that the plaintiff/applicant filed a suit under Section 6 of the Specific Relief Act for multiple reliefs, including the recovery of possession and mesne profits. It was the case of the plaintiff that defendant No. 1 was the owner and in possession of a house situated in Karwari Mohalla, Hem Singh Ki Parade, Lashkar, Gwalior, having building No. 35/102 (old). On 4/3/2005, a registered sale deed was executed by defendant No. 1 in favour of the plaintiff, and in order to avoid any controversy, the signatures of defendants No. 2 to 4 were obtained as consenters. The entire consideration amount was paid, and possession of the disputed property along with rights was transferred to the plaintiff. By amendment, it was pleaded that on 11/3/2005, the documents were presented for execution of sale deed and
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 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 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 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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