Specific Relief Act Section 6 — Suit by person dispossessed of immovable property

CHAPTER I RECOVERING POSSESSION OF PROPERTY

General

Summary

If someone is removed from land or a building they were occupying, without their permission and not through a legal process, they (or someone who claims through them) can file a lawsuit to get the property back. This right to sue exists even if the other side claims they have a better title to the property. However, the lawsuit must be filed within six months of being removed, and it cannot be filed against the government. There is no appeal or review allowed for the decision in this type of case, but this does not stop the person from filing a separate lawsuit to establish their legal ownership of the property and recover it on that basis.

Official Text

(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person 3[through whom sec. 3(ii). he has been in possession or any person] claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.

(2) No suit under this section shall be brought—

(a) after the expiry of six months from the date of dispossession; or

(b) against the Government.

(3) 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.

(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.