SECTIONS IMPORTANT POINTS

A. RECOVERY OF POSSESSION Section 8 (Recovery of specific immoveable property) Section 9 (Suit by person dispossessed of immoveable property)

Ingredients 1. Person must be in possession 2. He must be dispossessed subsequently 3. Dispossession must without consent 4. Dispossession must not be in due course of law 5. Dispossession should have taken place within 6 months of the suit II. No Question of title either of plaintiff or defendant can be raised or gone into in a suit u/s 9. III. Object is to discourage forcible possession. IV. Suit for possession without seeking any declaration is maintainable. V. Summary Suit to regain possession on the basis of previous possession and wrongful dispossession. VI. Decision in S. 9 in neither appealable nor reviewable. VII. Suit u/s 9 is not maintainable against Central or Provincial Government. VIII. Limitation Article 3 of Limitation Act, 1908 provides a period of 6 months for a suit u/s 9. The period of limitation is to be reckoned from the date of possession. IX. Evaluation of Suit The suit u/s 9 is suit for possession and is to be valued according to the market value of the subject matter. Section 10 I. This section relates to wrongful detention of specific moveable (Recovery of property and English rules as to detenu. specific II. An action u/s 10 is independent of any contract. moveable III. According to Salmond there are three distinct methods in which one property) may deprive another of his property and thereby be guilty of a conversion and liable in an action of trover: a. By wrongly taking it; b. By wrongly detaining it; and c. By wrongly dispossessing it. IV. Limitation The period of limitation for a suit u/s 10 is 3 years from the date when the property is wrongfully taken. V. Appeal An order passed u/s 10 is in the nature of a decree as such appealable u/s 96 of CPC. VI. Agreement to sell cannot be considered as a document of title. Section 11 I. Ingredients (Liability of 1. Defendant must be in possession or control of the particular article person in claimed possession, 2. Such article must be moveable property not as owner, 3. Defendant must not be true owner of the article to deliver to 4. Plaintiff must be entitled to immediate possession

I.

person entitled to immediate possession)

5. Any of the following conditions must be present: a. The article claimed must be held by the defendant as the agent or trustee of the claimant; or b. The compensation in money would not afford adequate relief for the loss of thing claimed; or c. It is extremely difficult to ascertain the actual damage caused by the loss of the thing claimed; or d. The possession has been wrongfully transferred from the claimant. II. A suit u/s 11 is competent against anyone except the true owner. Person must be in possession. III. Where a trust is created, no period of limitation would apply. B. RECOVERY OF POSSESSION