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). The defence is that B is the full owner of the property. Order 21 Rule 1 CPC: Method of adjustment in money decree - SYMBOLIC V/S PHYSICAL POSSESSION OF THE ASSETS. vacate the property, and that, on his doing so, the person entitled under the decree was put in possession; or that, on his refusal to do so, he was removed from the property, and the person entitled under the decree was put in possession. Execution is said to enable a decree-holder to recover the fruits of the judgement. RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY IN COURT OF LAW AND THE LAW -DISPUTED PROPERTY Proceedings under S. 147, Criminal. The manner provided in CPC is to be. A suit for partition by one or more tenants in common against others with a claim for account of past or past and future profits. Other Apps. 2. (4) Sale of immovable property and movable property. Section 5 and Section 6 bestows the relief of recovery of possession of the immovable property. Any person claiming under the decree holder. Subject to the pecuniary or other limitations prescribed by any law, suits-. Last Updated on 2 years by Admin LB Recovery of Possession of Property resituates the possessory title of the rightful possessor in him or her once again through the equitable intervention by the court. As a statutory transfer of the interest of the insolvent in the subject-matter of the suit to the official assignee B. According to Article 142 of the Limitation Act, 1908 plaintiff has to file a suit under section 8 of the SR Act, 1877 in the court within 12 years from the date of dispossessions or discontinuation of the possession of immovable property. 9 such person need not to prove his title. Email. 80), it has been held that Section 27 applies to both movable and immovable property for the possession of which the right has to be exercised within the period of limitation prescribed for such recovery failing which the right to such property shall be extinguished by virtue of Section 27 of the Limitation Act. Power to grant relief for possession, partition, refund of earnest money, etc.— (1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for— Relevant provisions: Sec. Email. The said suit was filed in the year 2001. Subject to the pecuniary or other limitations prescribed by any law, suits-. Q.7) What powers does the court have regarding the execution of Immovable Property? No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the licence of the person in possession . 8 and 9 relates to the recovery of possession of Immoveable property. Suit by person dispossessed of immovable property (5) Adjudication of the claims and objections. Section 16 provides the provision regarding institution of suit of immovable property and for the recovery of movable property actually under distraint or attachment, it says all the suits relating to immoveable property or for recovery of movable property under distraint or attachment shall be instituted in the court within the local limits of . But the count of 12 years starts when the possession of the defendant becomes adverse to the plaintiff. Arrest and detention of defaulter. (6) Resistance and delivery of possession. That the suit properties described in the schedule below (the suit properties) originally belonged to one Narendranath Majumdar, and his name was rightly recorded in the C.S Khatian. Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the court may pass a decree: (a) For the possession of the property; (b) For the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent; (ba) for the mesne profits . 9. First, a suit under the CPC 1908 can be instituted only by the presentation of a plaint in duplicate whose facts are to be proved by an affidavit. It states that a person who is the lawful owner of immovable property can get possession of it by filing a suit under CPC and Order XXI, Rules 35 and 36 of CPC would apply. Specific Relief Act, 1963. Recovery of specific immoveable property A person entitled to the possession of specific immoveable property may recover it in the manner prescribed by the Code of Civil Procedure. Legal Notice Formats. 3. Recovery of possession of specific immovable property. S.7 [Recovery of Specific Movable Property] S.7 of Specific Relief Act, 1963 states that- "A person who is authorized to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908." This section provides for the recovery of immovable property capable of being ascertained and identified. Resistance and delivery of possession. Section 6. 2. According to Section 5, a person, entitled to the possession of specific immovable property may recover the same in the manner provided by the Code of Civil Procedure, 1908. For Collection of mesne profits or directing an inquiry for the same. Section 16 CPC Description. Section 18 of the Code provides for- For Possession of immovable property. Sale of immovable property and movable property. possession can maintain a suit under Article 65 of Limitation Act, 1963 (for short, "the Act") for declaration of title and for a permanent . A sues B for recovery of possession of certain immovable property. CPC provides for passing preliminary decree in following cases: (1) . According to section 7 of the Specific Relief Act, a person entitled to the possession of the specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908. The word 'person' includes any company or association or body of individuals, whether incorporated or not. in Sec 8 remedy is provided for such person. A sues B for recovery of possession of certain immovable property. (a)where the prayer is for a declaration and for possession of the property to which the declaration relates fee shall be computed on the market value of the property or [5] [rupees one . i. Attachment/sale of movable/ immovable property, ii. A suit for partition by one or more tenants in common against others with a claim for account of past or past and future profits. Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - If earlier suit was filed only for recovery of possession of immovable property with no claim made for relief of mesne profits, second suit for recovery of mesne profits for the period subsequent to the filing of suit for recovery of possession may be instituted - Bar U.O.2 . Under Section 5 of the Specific Relief Act, a suit for recovery of possession can be filed by a person who is entitled to the possession of the specific immovable property in the manner provided by the Code of Civil Procedure, 1908. Format of Recovery Suit in MS word to file Petition against Defendant for return of cheque with claim of cheque amount and interest. Similarly, sections 7 and 8 give the person the power to reclaim custody of transportable goods. . as under:- (1) Applications for execution and the process to be applied. 1. 35. Because the order of adjudication operates: A. 1,00,000/-. (a) for the recovery of immovable property with or without rent or profits, (b) for the partition of immovable property, (c) for foreclosure, sale or redemption in the case of a mortgage of or . According to Order 20 Rule 12, whenever there is a suit for the recovery of possession, the court has the discretion of passing a decree. His legal representative if the decree holder is dead. 2. Suit by persons dispossessed of immovable property (1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit. KAPOOR, J. having Advocates For Petitioner : Salil Paul, Adv.For Respondent : plaintiff No. Parties to suits for foreclosure sale and redemption. In cases concerning immovable property, the relevant law can be found in the Civil Procedure Code, 1908 (hereinafter, CPC). Tax Recovery Officer (TRO) draw a certificate for execution u/s 222 mentioning the amount to be recovered. 39. (3) Mode of executions. Connect with a Lawyer . Pending the suit, B is adjudged insolvent and his estate vests in the official assignee. The various ways to claim possession of immovable property is defined under Section 5 and Section 6 of the Specific Relief Act . 4 Answers. The attachment of . Adjudication of the claims and objections. Section 5 of the Specific Relief Act 1963 is read as follows:- Recovery of specific immovable property Sec 8 and 9 relates to the recovery of possession of immoveable property. One of the issues in enforcing the Sarfaesi Act, 2002 is whether the bank should obtain de facto possession/actual physical possession before putting the immovable property to sale under section 13(4) of the Act or should it contend with the symbolic possession under the same section.. Suit for ejectment or recovery of possession of immovable property from a person in possession without title, together with a claim for past or past and future mesne profits. Notice By Purchaser For Specific Performance Of An Agreement. In case the "Security Interest" has been created in specific movable / immovable property provisions of the Securitization Act may be invoked to repossess the mortgaged property, without intervention of the court, and sell the same, provided the account has been classified as NPA. Shyam Kishore and Anr Vs. Roop Saree Kendra and Ors Judgment Dated 11-03-2003 of High Court of Delhi having citation 2003 4 AD (Delhi) 632 , 105 (2003) DLT 422 , 2003 (69) DRJ 544 , 2003 (2) RCR (RENT) 479 , LQ/DelHC/2003/318 , include bench Judge HON'BLE JUSTICE J.D. 16. The Specific Relief Act provides for the recovery of certain immovable property in a manner as provided under Civil Procedure Code, 1908. 6. (c) Alternatively, if for any reason this Honourable court comes to a conclusion that the plaintiff is out of possession, for recovery of vacant possession of the suit property; (d) Directing the defendant to pay the cost of this suit. A. (b) Secondly, where a decree is for joint possession of immovable property, such possession shall be Tenants in a suit for recovery of possession. A sues B for recovery of possession of certain immovable property. to make a monthly allowance for the maintenance of his wife or such child . 10,00,000/-. Appointment of receiver for management of movable/ immovable properties. A person entitled to the possession of immovable property or having a particular right to the possession may recover it through the legal process under the requirements of sections 5 and 6. Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined as parties to any suit relating to the mortgage. Suits for the recovery of movable property actually under distraint or attachment shall be instituted in the Court within the local limit of whose jurisdiction the- (a) Defendant is resides (b) The plaintiff is resides (c) Property is situate (d) Any of the above 40. 2. Whether he . Exceeds Rs. ( c) for the foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property. immovable property or to recover it in case of dispossession. 3. Suits for declaration.-In a suit for a declaratory decree or order, whether with or without consequential relief, not falling under section 26-. (a) for the recovery of immovable property with or without rent or profits, (b) for the partition of immovable property, (c) for foreclosure, sale or redemption in the case of a mortgage of or . Notice By Landlord To Tenant For Demand Of Possession Of House After Expiry Of Lease Period. person who have been illegally and unauthorisely dispossessed, relief of reinstatement to such person is provided in Sec. If we analyze this section, we can find. Procedure of Procedure of recovery under Income Tax Act, 1961. (1) Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree- (a) for the possession of the property; (b) for the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent; (ba . Decree for possession and mesne profits. In Unify & Co. v. D. Sugar Mills, (AIR 1970 Cal. Recovery of specific immovable property Section 8 of SR Act 1887 [and Section 5 of SR Act 1963 of India] This section articulated, a person entitled to the possession of specific immoveable property may recover it in the manner prescribed by the Code of Civil Procedure. Recovery of possession of immovable property . Other Apps. Because the order of adjudication operates: A. The suit can be established under Order IV of the Code of Civil Procedure 1908 (CPC). A, a Mohameddan heir, sued to recover his share of inheritance from the widow of the deceased who was in possession of her husband's estate in lieu of dower. 1. Recovery of Possession Movable Property Sec- 7 & 8 Immovable Property Sec-5 & 6 7. based on adverse possession and property is sold by the owner after the Section 5 provides the manner for recovery of specific immovable property. other immovable property or to movable property, the Court may, if the . Person who have been illegally and unauthorisely dispossessed, 'relief of reinstatement to such person is provided in Sec. 2. A's suit was decreed subject to the payment of Rs 35,223 less the profits of the property in the possession of the widow from the date of the decree of the date of delivery of possession. Pending the suit, B is adjudged insolvent and his estate vests in the official assignee. (When such recovery is by seller from buyer because of non payment of full consideration by buyer) Connect with top Property lawyers for your specific issue. Suit for ejectment or recovery of possession of immovable property from a person in possession without title, together with a claim for past or past and future mesne profits. 2. As far back as in Ganesh Vs. 13. As per the provision under definition clause 26 of Section 3 of the General Clauses Act 1897 , "immovable property" shall include land, benefits to arise out of the land, and things attached to the earth, or permanently fastened to anything . Sec. Under what provision of CPC, a suit for recovery of possession of immovable property is filed? 14. A Suit for recovery of money is a civil remedy and acts as an effective tool to recover money from the defaulter. You can take them to a small claims court to regain your cash (and your temper). (4) Recovery of specific immovable property—A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908). for recovery of immovable property actually under distraint or attachment, . If you want to find out where to file your civil suit for immovable property, the first step is to determine which court has valid jurisdiction. Exceeds Rs. Section 16 CPC Description. Immovable Property: Sec- 16-18 Sections 16: Suits to be instituted where subject-matter situate Subject to the pecuniary or other limitations prescribed by any law, suits-(a) for the recovery of immovable property with or without rent or profits, (b) for the partition of immovable property, ______ along with cost and interest @ 24% pa. Plaint under Order XXXVII of the Code of Civil Procedure 1908 as mentioned in the suit. Suit for declaration and recovery of possession Suit valued at Tk.95,00,000 The Plaintiff above named most respectfully SHEWETH/ STATES AS FOLLOWS. May 07, 2021. Pinterest. Second, Section 26 contains the principle behind the institution of suit and Order I, II, IV, VI and VII are related to the procedural formalities. Q.7) What powers does the court have regarding the execution of Immovable Property? 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