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    Saturday, 15 July 2017

    Recovery of Possession of Moveable Property

    1. INTRODUCTION
    The specific Relief Act describes such circumstances under which a person, holding moveable property of the plaintiff without lawful justification, can be sued for the recovery of such property.

    2. RELEVANT PROVISIONS
    Sec. 10 and 11 of Specific Relief Act.

    3. WHO CAN FILE SUIT
    Following can file suit for recovery of the possession of moveable property.
    (i) Owner of the property
    (ii) A trustee

    4. MEANING OF MOVEABLE PROPERTY
    Moveable property means all' kinds of properties except immoveable property.

    5. RECOVERY OF SPECIFIC MOVEABLE PROPERTY
    According to Sec. 10.
    "A person entitled to the possession of specific moveable property may recover the same in the manner prescribed by the code of civil procedure."

    6. ILLUSTRATION
    receives a letter addressed to him by B, B gets back the letter without A's consent. A has such a property there in as entitles him to recover it from B.


    7. LIABILITY OF A PERSON IN POSSESSION OF MOVEABLE PROPERTY

    Sec. 11 of specific Relief Act deals with the circumstances which  entitle the plaintiff to recover the specific moveable property itself from the defendant who is not the owner there of in cases where the property has a peculiar value or association and 'cannot be adequately compensated for in terms of money according to Sec. 11 "Any person having the possession or Control of particular article of moveable property, of which he is not the owner, be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases.

    (a) when the thing claimed is held by the defendant as the agent or
    (b) When the compensation in money would not afford the claimant adequate relief for thing claimed.
    (c) When it would be extremely difficult to ascertain the actual damage caused by its loss.
    (d) When the possession of thing claimed has been wrongfully transferred from the claimant.

    (a) ESSENTIALS

    Following are the essential of Sec. 11.

    (i) Possession
    The defendant has possession or control of the particular article claimed.

    (ii) Moveable Property
    Such article is moveable property.

    (iii) Defendant is not Owner
    The defendant is not the owner of the article.

    (iv) Entitlement of Possession
    The plaintiff is entitled to immediate possession.

    (v) Article held of Defendant as Trustee
    The thing claimed is held by the defendant as the plaintiff' s agent or trustee.

    (vi) Compensation in Money not Adequate
    When compensation in money would not afford adequate relief for the loss of thing claimed.

    (vii) Ascertainment of Actual Damage is Difficult
    Where it is extremely difficult to ascertain the actual damage caused by the loss of thing claimed.

    (viii) Wrongful Transfer of Possession
    When the possession has been wrongfully transferred from the claimant.

    8. PERIOD OF LIMITATION

    The period of limitation u/s 10 is three years from the date when the property is wrongfully taken .

    9. APPEAL
    Order under sec 10 by the court is appealable .

    It was held an agreement to sell cannot be considered as a document of title suit for possession on basis of such document is not maintainable .

    10. CONCLUSION

    To conclude I can say that, possession of specific moveable property may be recovered not only by a Person entitled to its possession but also by a trustee for his beneficiary and to be so entitled. A person having the possession or control of particular article of moveable property of which he may not be the owner can be compelled specifically to deliver such articles to the person entitled to its immediate possession. Suit under Sec. 11 is competent a inst any person except the true owner.
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    Item Reviewed: Recovery of Possession of Moveable Property Rating: 5 Reviewed By: Usman Ali
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