Recovery Of Possession Complaint Sample
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How to fill out Complaint, Petition, Or Declaration For Recovery Of Possession Of Property Due To Fence Built By Adjoining Landowner On Plaintiff's Property?
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FAQ
The remedy of Recovery of Possession of Property under Specific Relief Act, 1963 recompenses the possessory title of the rightful possessor once again through the appropriate intervention by the court, becomes essential because The Indian Contract Act, 1872 gives only compensation in case of breach of contract.
Recovering the possession ing to Section 7 of Specific Relief Act, 1963, A person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).
Through section 5 and 6, a person can recover his immovable property through due course of law, and movable property through section 7 and 8. As observed above, it is an equitable remedy which provides the specific relief to the aggrieved person by the recovery of his movable or immovable property.
The provision order XXI, Rule 35, 36 of CPC provide entitled person to apply for recovery of possession and decree of ejectment against the defendant . Nothing-withstanding in this section empowers for filing of suit after 12 years, such shall fall under Adverse Possession under Limitation Act.
The section 5 of Specific Relief Act, 1963 recommends landlord who is seeking to recover the possession of immovable property must follow the due procedure of law as mentioned under the Civil Procedure Code 1908 and must avail the remedy on time, failure to avail the remedy on time means the landlord relinquished his ...