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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