(A) POSSESSION OF IMMOVABLE
PROPERTY
8. Recovery of specific immovable
property.
9. Suit by person dispossessed of
immovable property.
(B) POSSESSION OF MOVEABLE
PROPERTY
10. Recovery of specific moveable
property.
11. Liability of person in
possession, not as owner, to
deliver to person entitled to
immediate possession.
DETAILS :
(A) POSSESSION OF IMMOVABLE
PROPERTY
8. 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, 1908 [8] .
[9] 9. Suit by person dispossessed
of immoveable property .– If any
person is dispossessed without his
consent of immoveable property
otherwise than in due course of
law, he or any person claiming
through him may, by suit [10] [* *
*] recover possession thereof,
notwithstanding any other title
that may be set up in such suit.
Nothing in this section shall bar
any person from suing to establish
his title to such property and to
recover possession thereof.
No suit under this section shall be
brought against [11] [the [12]
[Federal Government] or any
Provincial Government].
No appeal shall lie from any order
or decree passed in any suit
instituted under this section, nor
shall any review of any such order
or decree be allowed.
(B) POSSESSION OF MOVEABLE
PROPERTY
10. Recovery of specific
moveable property .– A person
entitled to the possession of
specific moveable property may
recover the same in the manner
prescribed by the Code of Civil
Procedure [13] .
Explanation 1 .– A trustee may
sue under this section for the
possession of property to the
beneficial interest in which the
person for whom he is trustee is
entitled.
Explanation 2 .– A special or
temporary right to the present
possession of property is
sufficient to support a suit under
this section.
Illustrations
(a) A bequeaths land to B for his
life, with remainder to C. A dies. B
enters on the land, but C, without
B’s consent, obtained possession
of the title-deeds. B may recover
them from C.
(b) A pledges certain jewels to B
to secure a loan. B disposes of
them before he is entitled to do
so. A, without having paid or
tendered the amount of the loan,
sues B for possession of the
jewels. The suit should be
dismissed, as A is not entitled to
their possession, whatever right
he may have to secure their safe
custody.
(c) A receives a letter addressed
to him by B. B gets back the letter
without A’s consent. A has such a
property therein as entitles him to
recover it from B.
(d) A deposits books and papers
for safe custody with B. B losses
them, and C finds them, but
refuses to deliver them to B when
demanded. B may recover them
from C, subject to C’s right, if any,
under section 168 of the Contract
Act, 1872 [14] .
(e) A, a warehouse-keeper, is
charged with the delivery of
certain goods to Z, which B takes
out of A’s possession. A may sue B
for the goods.
11. Liability of person in
possession, not as owner, to
deliver to person entitled to
immediate possession.– Any
person having the possession or
control of a particular article of
moveable property, of which he is
not the owner, may be compelled
specifically to deliver it to the
person entitled to its immediate
possession, in any of the following
cases:-
(a) when the thing claimed is held
by the defendant as the agent or
trustee of the claimant;
(b) when compensation in money
would not afford the claimant
adequate relief for the loss of the
thing claimed;
(c) when it would be extremely
difficult to ascertain the actual
damage caused by its loss;
(d) when the possession of the
thing claimed has been wrongfully
transferred from the claimant.
Illustrations
of clause (a)–
A, proceeding to Europe, leaves
his furniture in charge of B as his
agent during his absence. B,
without A’s authority, pledges the
furniture to C, and C, knowing that
B had no right to pledge the
furniture, advertises it for sale. C
may be compelled to deliver the
furniture to A, for he holds it as
A’s trustee.
of clause (b)–
Z has got possession of an idol
belonging to A’s family, and of
which A is the proper custodian. Z
may be compelled to deliver the
idol to A.
of clause (c)–
A is entitled to a picture by a dead
painter and a pair of rare China
vases. B has possession of them.
The articles are of too special a
character to bear an ascertainable
market-value. B may be compelled
to deliver them to A.
PROPERTY
8. Recovery of specific immovable
property.
9. Suit by person dispossessed of
immovable property.
(B) POSSESSION OF MOVEABLE
PROPERTY
10. Recovery of specific moveable
property.
11. Liability of person in
possession, not as owner, to
deliver to person entitled to
immediate possession.
DETAILS :
(A) POSSESSION OF IMMOVABLE
PROPERTY
8. 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, 1908 [8] .
[9] 9. Suit by person dispossessed
of immoveable property .– If any
person is dispossessed without his
consent of immoveable property
otherwise than in due course of
law, he or any person claiming
through him may, by suit [10] [* *
*] recover possession thereof,
notwithstanding any other title
that may be set up in such suit.
Nothing in this section shall bar
any person from suing to establish
his title to such property and to
recover possession thereof.
No suit under this section shall be
brought against [11] [the [12]
[Federal Government] or any
Provincial Government].
No appeal shall lie from any order
or decree passed in any suit
instituted under this section, nor
shall any review of any such order
or decree be allowed.
(B) POSSESSION OF MOVEABLE
PROPERTY
10. Recovery of specific
moveable property .– A person
entitled to the possession of
specific moveable property may
recover the same in the manner
prescribed by the Code of Civil
Procedure [13] .
Explanation 1 .– A trustee may
sue under this section for the
possession of property to the
beneficial interest in which the
person for whom he is trustee is
entitled.
Explanation 2 .– A special or
temporary right to the present
possession of property is
sufficient to support a suit under
this section.
Illustrations
(a) A bequeaths land to B for his
life, with remainder to C. A dies. B
enters on the land, but C, without
B’s consent, obtained possession
of the title-deeds. B may recover
them from C.
(b) A pledges certain jewels to B
to secure a loan. B disposes of
them before he is entitled to do
so. A, without having paid or
tendered the amount of the loan,
sues B for possession of the
jewels. The suit should be
dismissed, as A is not entitled to
their possession, whatever right
he may have to secure their safe
custody.
(c) A receives a letter addressed
to him by B. B gets back the letter
without A’s consent. A has such a
property therein as entitles him to
recover it from B.
(d) A deposits books and papers
for safe custody with B. B losses
them, and C finds them, but
refuses to deliver them to B when
demanded. B may recover them
from C, subject to C’s right, if any,
under section 168 of the Contract
Act, 1872 [14] .
(e) A, a warehouse-keeper, is
charged with the delivery of
certain goods to Z, which B takes
out of A’s possession. A may sue B
for the goods.
11. Liability of person in
possession, not as owner, to
deliver to person entitled to
immediate possession.– Any
person having the possession or
control of a particular article of
moveable property, of which he is
not the owner, may be compelled
specifically to deliver it to the
person entitled to its immediate
possession, in any of the following
cases:-
(a) when the thing claimed is held
by the defendant as the agent or
trustee of the claimant;
(b) when compensation in money
would not afford the claimant
adequate relief for the loss of the
thing claimed;
(c) when it would be extremely
difficult to ascertain the actual
damage caused by its loss;
(d) when the possession of the
thing claimed has been wrongfully
transferred from the claimant.
Illustrations
of clause (a)–
A, proceeding to Europe, leaves
his furniture in charge of B as his
agent during his absence. B,
without A’s authority, pledges the
furniture to C, and C, knowing that
B had no right to pledge the
furniture, advertises it for sale. C
may be compelled to deliver the
furniture to A, for he holds it as
A’s trustee.
of clause (b)–
Z has got possession of an idol
belonging to A’s family, and of
which A is the proper custodian. Z
may be compelled to deliver the
idol to A.
of clause (c)–
A is entitled to a picture by a dead
painter and a pair of rare China
vases. B has possession of them.
The articles are of too special a
character to bear an ascertainable
market-value. B may be compelled
to deliver them to A.
