Specific Relief Act, 1963.
the Specific Relief Act is a legal statute dealing with reliefs or recovery of the damages of
the injured person.
when a party suffers loss and damages due to the acts of another party as a result of
which the contract is breached, it has to be remedied by specific acts. These specific acts
or reliefs are given under the Specific Relief Act, 1963 which deals with certain remedies in
these situations.
RECOVERY sec 5 to 8
Recovering the possession
The recovery of possession of this Act is provided under two heads: recovery of the
immovable property and recovery of the movable property. The law of Specific Relief
Act,1963 works on a basic principle that “Possession is itself a prima facie evidence of the
ownership”.
Recovery of the possession of immovable property
Section 5 explains the remedies available to a person when he is disposed from his
property. If a person has been removed through the line of possession or wants to
recover what lawfully is his property, then that person can do so through the recovery
procedure provided by the Code of Civil Procedure, 1908 and in which the person will
prove that the title belongs to him.
Section 6 of this Act details that if a person has been dispossessed or divested from the
property against the nature of law, then that person can file a suit for recovery of
possession. This section is not only a mere legal rule but also has a wide practical
approach.
Recovery of movable property
Recovery of the possession of movable property
