Title 3. SR English Lecture Note 2025.pdf ✅

Amicus Law Academy: Written Program: 01719326595 [1] Specific Relief Act, 1877 Amicus Law Academy: Group-A [CPC + SR Act] [3 Qs, Ans:2 [Marks: 15X2=30] [ -452383 Specific Relief Act, 1877 Lecture-01 & 2 1. Scope & Background of SR Act & Ss.4,7 2. Specific Relief: S.5 3. Recovery of Possession: Ss.8+ 42, 10-11 3


Amicus Law Academy: Written Program: 01719326595 [4] -4- • That the plaintiff filed his suit in the court within 12 years of dispossessions of the land, in the case of Govt. 60 years. • Advalorem court fees is given to the court. A has title but no possession in the suit land. Is A entitled to get a decree in a suit for simple declaration of title in the suit land. Discuss with reference to relevant law. According to proviso of s.42 of the Specific Relief Act, 1877 if the plaintiff is entitled to some consequential relief directly following from the right or title in respect of which he asks declaration, he is not permitted by law to seek a mere declaration without asking for the consequential relief as well. The provision is mandatory. In Mafizur Rahman Sarder Vs. East Pakisthan, 13 DLR 538 court held that plaintiff in possession of the suit land need not pray for consequential relief and unless threatened with dispossession need not pray for injunction. • But in Kala Mia Vs. Gopal Chandra Paul & others, 51 DLR 77 court held that since the plaintiff has no possession in the suit land, the suit for declaration of title on the basis of adverse possession is not maintainable. • A person who is able to seek for further relief, and file a suit without asking consequential relief, his suit should not be maintainable under section 42 of the Specific Relief Act, 1877. Suit by person dispossessed of immoveable property under Section 9: • Para-1: If any person is dispossessed without his consent of immoveable property otherwise than in due course of law, he or any person claiming through him may, by suit recover possession thereof, notwithstanding any other title that may be set up in such suit. • Para-2: Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof. • Para-3: No suit under this section shall be brought against the Government. • Para-4: No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed. Conditions / What facts are to be proved: i. That the plaintiff was in actual physical possession. ii. That the plaintiff has been dispossessed. iii. That the dispossession took place without his consent. iv. That the dispossession was done otherwise than in due course of law. v. That the plaintiff filed his suit in the court within 6 month of dispossessions of the land. • In Gangadin Vs. Bakul AIR (1950) All 407 court held that the effect of this section, therefore, is that if a summary suit is brought within six months, the plaintiff therein who was dispossessed otherwise than in due course of law, will be entitled to be reinstated even if the defendant, who dispossessed him, be the true owner, or a person claiming under him. Remedies: