Recovery of Possession Provisions under Specific Relief Act
Recovery of Possession Provisions under Specific Relief Act Specific Relief Act is concerned with civil rights and not penal laws, even civil law has to take care of certain rights, and these are rights to possession of the property. Specific Relief Act deals with the requirement of remedies. It comes into picture when there is a breach of contract and the same is not dealt by damages as compensation. Section 5 and 6 of the Specific Relief Act, 1963 provide methods for recovery of possession of immovable properties. SECTION 5 Section 5 of Specific Relief Act, 1963 provides that a person entitled to the possession of any specific immovable property can recover it in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908). It reads as: “ A person entitled to the possession of the specific immovable property can recover it in the manner provided by the Code of Civil Procedure, 1908 ”. The essence of...