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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