Possession of immovable property on date of dispossession is sine qua non for relief under Section 6 of Specific Relief Act; investigation into title irrelevant

Calcutta High Court: A Single Judge Bench comprising of Biswajit Basu, J. dismissed a civil revision pertaining to grant of relief under Section 6 of the Specific Relief Act, 1963.

The suit under the said section was filed by the petitioner alleging that he was the tenant in the suit property. That he was dispossessed from the same without his consent and without due process of law. The suit was filed for the relief of reclaiming the possession. The trial court, vide the order impugned, dismissed the suit of the petitioner herein. Aggrieved thereby, the instant revision was filed.

The High Court perused the record. It was observed that Section 6 provides a special and speedy remedy for a particular kind of grievance to place back in possession a person who had been evicted from the immovable property of which he had been in a possession, otherwise than by process of law. Therefore, possession of the plaintiff over the immovable property on the date of dispossession is the condition precedent to invoke jurisdiction of Section 6. Investigation into the title favouring such possession is irrelevant in the proceeding of such nature. In the facts of the present case, it was clear that the petitioner was not in possession of the suit property on the date on which the unlawful dispossession was alleged. Therefore, the Court held that no interference was called for in the order impugned passed by the trial court. The revision petition was accordingly dismissed. [Ramesh Chand Koiri v. Chandan Koiri,2018 SCC OnLine Cal 6471, dated 19-09-2018]

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