Suit under section 6 specific relief act-Preventing dispossession

A suit under section 6 of specific relief act is lodged when there is an illegal dispossession of any person who was enjoying a peaceful possession of the property from a long time. The purpose of this enactment is to prevent the unlawful dispossession of any person from the property. If the dispossession is done the only remedy is under this section which is the restoration of possession. The suit is lodged under this section is irrespective of the title of a person who has been dispossessed.

Restoration of possession requires summary enquiry as to whether plaintiff was in possession within period of 6 months prior date of suit and was disposed otherwise than course of law held in M sanwani vs. tanu isram Bisan AIR 2007(NOC) Bom 1355, therefore law says that possession of property is prima facie as good as title until contrary is proved.

Features of section 6

1. Suit is lodges within a period of 6 months from date of dis possession.

2. Only previous possession needs to be proved.

3. No title is required. Even a trespasser has a remedy.

4. Summary proceedings.

5. No revision or appeal lie as per sub section 3 of section 6

6. Half the court fees of the value of the property.

The suit is based on fact that law respect the peaceful possession and frowns at forcible dispossession of a person who may have lost the right to continue by which he acquired possession. Madal Lal V. Ravi Kumar Air 2004 J&K 148.

By Adv. Nitish Banka

nitish@lexspeak.in