How a person is entitled to recover his possession of any kind of propertyHow a person is entitled to recover his possession of any kind of property under the Specific Relief Act, 1877?under the Specific Relief Act, 1877?

Under the following ways a person is entitled to recover his possession of any kind of property (movable or immovable property) under the Specific Relief Act, 1877:Specific Relief Act, 1877:

1.1. Possession of Immovable Property:Possession of Immovable Property:

Under the Section 8 and 9 of the Specific Relief Act, 1877Under the Section 8 and 9 of the Specific Relief Act, 1877

Suits under Section 8 and 9 of the Specific Relief Act, 1877 are naturally exclusive and its concept of possession and dispossession.

According to Section 8 the Specific Relief Act, 1877According to Section 8 the Specific Relief Act, 1877 ,, if a person wants to be obtained possession of immovable property on the basis of his title, he can file a suit in the Civil Court prescribed by the Code of Civil Procedure (CPC) to recover his possession under specific immoveable property.

According to Section 9 the Specific Relief Act, 1877,According to Section 9 the Specific Relief Act, 1877, suit by a person, who is dispossessed from his immovable property to recover his possession under the specific immovable property. And any other person can file a suit on behalf of the aggrieved party to recover the possession, who is the authorized or representative of the aggrieved person. Under this suit, a person in only can file a suit to recover his possession upon the specific immovable property, but he cannot file a suit to be obtained an actual owner or continuous person upon that specific immovable property. No suit under this section shall be brought against the Government and no appeal shall lie from any order or decree passed in any suit instituted under the section, nor shall any review of any such orders or decree be allowed.

2.2. Possession of Movable Property:Possession of Movable Property:

Under the Section 10 of the Specific Relief Act, 1877Under the Section 10 of the Specific Relief Act, 1877If a person desires to obtained possession of a movable property on the basis of his title, he can file suit in the Civil Court prescribed by the Code of Civil Procedure (CPC) to recover his possession under specific moveable property.

ExplanationExplanation-1:-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.

ExplanationExplanation-2:-2: A special or temporary right to the present possession of property is sufficient to support a suit under this section.

Illustrations:Illustrations: 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.