How to recover your Specific Immovable Property: Understanding Section 5 of the Specific Relief Act, 1963

Posted by Manas shrivastava

How to recover your Specific Immovable Property: Understanding Section 5 of the Specific Relief Act, 1963

Section 5 of the Specific Relief Act, 1963, deals with the recovery of specific immovable property, such as land or buildings. It offers a legal way for a person to regain possession of such property if they have a right to it. This section does not allow anyone even someone with a legal right to take the law into their own hands. Instead, it emphasizes using the proper legal process through a civil suit, as outlined in the Code of Civil Procedure, 1908 (CPC).

Rightful Possession and Legal Process

If someone is entitled to the possession of a specific immovable property, they can recover it by filing a civil suit for possession or ejectment for removal of someone who is occupying the property unlawfully. This must be done through the courts and not by using force. The time limit to file such a suit is generally 12 years from the date the person lost possession. After winning the suit, the person can execute the court's decree using the procedure in the CPC.

For example, if A had promised to sell and hand over a house to B but failed to do so, B can file a case in court to force A to keep his promise and give him possession of the house.

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Who Can File a Suit Under Section 5?

The term “entitled” under this section does not mean that only full legal owners can file a suit. Possession can come from various sources such as:

Contract (like a lease or agreement),
Inheritance,
Prescription (long-term possession recognized by law), or
Actual physical possession.

In Prabha Manufacturing v. Banwari Lal (1989), the Supreme Court confirmed that a plaintiff must prove they have a stronger title to the property than the defendant. Also, specific performance forcing someone to carry out a contract is possible only if the person being sued actually has the right to transfer the property.

Conclusion

Section 5 of the Specific Relief Act ensures that people who are legally or lawfully entitled to immovable property can recover it through the proper judicial process. It protects against unlawful occupation and reinforces the principle that disputes over property should be resolved in court, not through personal force. Whether you are a full owner or just someone with possessory rights, this section provides a remedy to reclaim what’s rightfully yours, as long as it is done within the boundaries of law.