Specific Relief Act,1963
Table of Contents
 Introduction
Specific Relief Act Notes
The Specific Relief Act, 1963 provides legal remedies for enforcing individual civil rights when there has been a violation or denial of such rights.
Sections 5 to 8 fall under Chapter I: Recovering Possession of Property and deal with how a person can recover possession of specific movable or immovable property that belongs to them. The main purpose of these sections is to protect lawful possession and ownership and prevent people from taking the law into their own hands.
Recovery of Specific Immovable Property (Section 5)
A person entitled to possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (CPC).
Explanation:
This section allows the owner or lawful possessor of immovable property (like land, house, building, etc.) to recover possession through a civil suit. The procedure to be followed is given in Order 21, Rules 35 and 36 of the CPC.
Example: Suppose A owns a house and B unlawfully occupies it without A’s consent.A can file a civil suit for possession under Section 5 to recover the house.
Suit by Person Dispossessed of Immovable Property (section 6)
If any person is dispossessed without consent and not in due course of law, he can file a suit for possession even if he is not the owner. Such a suit must be filed within six months from the date of dispossession. No suit can be filed against the Government under this section. No appeal or review is allowed in such suits. This section does not stop a person from filing another suit to prove ownership.
Purpose:
Protects possession — even unlawful possession cannot be taken away except through lawful means. Prevents self-help or forceful eviction.
Example: A is in peaceful possession of land. B forcibly removes A without court order.A can sue B under Section 6 even if B is the real owner — because possession cannot be taken unlawfully.
Case Law:
 Krishna Ram Mahale v. Shobha Venkat Rao (1989) – Supreme Court held that even a person in lawful possession (like a tenant) cannot be dispossessed without due process of law.
 Recovery of Specific Movable Property (Section 7)
A person entitled to possession of specific movable property may recover it through the procedure in the CPC.
Explanation:
Applies to movable property such as jewellery, car, documents, artworks, etc. Even a person having a temporary or special right can recover it. A trustee can sue on behalf of the beneficiary.
Example: A lends his camera to B for two days. B refuses to return it. A can recover the camera by filing a suit under Section 7.Another Example: A temple trustee can sue to recover an idol belonging to the temple.
 Liability of Person in Possession, Not as Owner (Section 8 )
A person having control or possession of a particular article (movable property) which he does not own may be compelled to deliver it to the person entitled to its immediate possession.
Applies In Cases Where:
* The item is held by the defendant as agent or trustee of the plaintiff.
* Money compensation is not adequate for loss of that thing.
*Actual damage is hard to calculate.
*The item has been wrongfully taken or transferred from the plaintiff.
Presumption (Explanation): The court will presume that money is not adequate and damage cannot be easily measured unless proved otherwise.
Example: A gives a diamond ring to B for safekeeping. B refuses to return it.A can sue B under Section 8 to get back the specific ring — not just its value in money.Another Example: A museum lends a historic painting to an art gallery; if the gallery refuses to return it, the museum can claim recovery under this section.
Conclusion
Sections 5 to 8 of the Specific Relief Act safeguard the right to possession and ownership of both movable and immovable property.They ensure that no person can take law into their own hands, and that property disputes are settled only through legal procedures.The Act emphasizes that possession itself is a protected interest, and even an owner must follow lawful means to recover property.
Reference
https://blog.ipleaders.in/introduction-to-the-specific-relief-act-1963/