Recovery of Possession of Immovable Property

Specific Relief Act ,1877 describes the procedure for recovering of possession and delivering it to the claimant .When the damages are not enough on dispossession from the property,this act provides a procedure to recover the property.Section 8 and Section 9 deals with the recovery of possession of Immovable Property.

According to Specific Relief Act ,1877 There are two procedures for recovery of possession of Immovable Property.

Regular Procedure:

According to regular Procedure,a person entitled to the possession of a specific immovable property may recover it in the manner prescribed under Rule 25 Order 21 of CPC .The manner prescribed in CPC is to bring the suit for ejectment on the basis of title and restoration of possession to the plaintiff.

Limitation Period:

Plaintiff is bound to file a suit within 12 years from the date of dispossession under Limitation Act,1908 .

Summary Procedure:

If any person is dispossessed without his consent of Immovable property without due course of law,he may file a suit for recovery of possession of immovable property under section 9.

Limitation Period:

Plaintiff is bound to file a suit within 6 months from the date of dispossession under the Limitation Act,1908.

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