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    Sunday, 18 June 2017

    Recovery of Immovable Property

    1. INTRODUCTION:
    No one can be turned out or thrown out otherwise than in due course of law. If a person who is disposed from property otherwise than in due course of law, he can file a suit for recovery of possession such immoveable property.

    Sec. 8 and 9 relates to the recovery of possession of Immoveable property. Person who have been illegally and unauthorisely dispossessed, 'relief of reinstatement to such person is provided in Sec. 9 such person need not to prove his title. In Sec. 8 remedy is provided for such person.

    2. RELEVANT PROVISIONS
    Sec. 8, 9 Specific Relief Act 1877.

    3. DEFINITION OF POSSESSION
    "Possession is continuing exercise of a claim to the exclusive use of a material objection."

    4. EVIDENCE OF POSSESSION
    Following have been held prima facie

    Evidence of possession
    (i) Entry in khewat
    (ii) Existence of possession before displacement by act of God e-g earthequak.
    (iii) Grant of lease.
    (iv) Realization of rent.
    (v) Handing over key of the premises
    (vi) Registration of title deed.

    5. PROCEDURE OF RECOVERING POSSESSION OF IMMOVABLE PROPERTY


    I. REGULAR PROCEDURE
    If any person is dispossessed without his consent he may file a long-drawn reguJar suit on the basis of title under Sec, 8 of specific Relief Act.

    "A person entitled to the possession of specific immovable property may recover it in the manner prescribed by the code of civil procedure.

    a. Essential of Sec. 8
    (i) Strength of possessory title.
    (ii) Proof of prior possession.
    (iii) Forcible dispossession.

    II. SUMMARY PROCEDURE
    Summary procedure for recovery of the possession of immoveable property is provided in Sec. 9 of the specific Relief Act.

    "If any person is dispossessed without his consent of immovable property without property otherwise than in due course of law, he or any person claiming through him, may be suit, recover possession there of notwithstanding any other title that may be setup in any other suit.

    (a) Essential of Summary Procedure Ws 9 of Specific Relief Act
    (i)The plaintiff must have possession of immovable property.
    (ii) He must have been enjoying tne Possessi on from the last 6 months, before being forcibly  dispossessed.
    iii) He must have been forcibly dispossess otherwise in due course of law.
    (iv) Dispossession must be without the consett of person.

    (b) Exceptions
    Following are exceptions to Sec. 9.
    (i) No suit can be brought against action of central or provincial government.
    (ii) No suit can be brought against decree of the court.
    (iii) No review or appeal shall lie against such an order of restoration of possession.
    (iv) No one can be restrained from establishing his title of possession in the court of law.

    (c) Object of Sec. 9
    It' s object is to discourage people from taking the law into their own hands, however good their title may be.

    (d) Nature
    Summary procedure under Sec. 9 provides a speedy remedy under specific relief act.

    6. DIFFERENCE BETWEEN SECTION 8 AND SECTION 9


    I. AS TO NATURE
    Sec. 8 is not summary proceeding.
    Sec. 9 is a summary proceeding.

    II. AS TO TITLE
    Title of property must be proved for recovery of possession of immovable property.
    Title of property under Sec. 9 is not required to proved.

    III. AS TO LIMITATION
    Limitation for filing of suit uls 8 is 12 years.
    Limitation for filing a suit u/s 9 is 6 months with in the time of disposession

    IV. AS TO REMEDY
    Sec 8 provides genera! Remedy.
    Sec. 9 provide quick remedy for possession of property,

    7. CONCLUSION

    To conclude I can say that Sec. 8 and Sec. 9 of specific Relief Act provided alternative remedies and they are mutually exclusive. A plaintiff carp not combine the remedies provided by both the sections in a same suit. Under Sec. 8 claim is based on the title whereas claim is based on possession in Sec. 9
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    Item Reviewed: Recovery of Immovable Property Rating: 5 Reviewed By: Usman Ali
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