Recovery of possession of Movable property
Recovery of possession of Movable property Section 7 and 8 of the Specific Relief Act, 1963 contains provisions for recovery of possession of some specific movable property. Section 7 of Act with the head ‘ recovery of Specific movable property’ provides that, “a person entitled to the possession of the specific movable property may recover it in the manner provided by the Code of Criminal Procedure, 1908 (5 of 1908). Explanation 1: A trustee may sue under this section for possession of the movable property to the beneficial interest he is entitled. Explanation 2: A temporary or special right to the present possession is sufficient to support a suit under this section.” The main ingredients of section 7 are as follows. First, the plaintiff must be entitled to the possession of the movable property. A person may be entitled to the possession of a thing either by ownership or by virtue of a temporary or a special right as provided under explanat...