Suit for restoration of possession

Appeal did not lie against a judgment and decree passed in a suit for restoration of possession under S.9 of Specific Relief Act, 1877 and revision was only competent before the High Court.

Limitation for a suit for restoration of possession was six months from the day when dispossession took place.

Fundamentals to be proved by the plaintiff in order to succeed in a suit for restoration of possession would be his possession on immovable property and that he was dispossessed from the property without his consent and such dispossession was otherwise than due course of law.

Object of provision of S.9 of Specific Relief Act, 1877 was to accord a right to the person to promptly have his possession of immovable property taken back in the face of his dispossession without his consent and otherwise than due course of law

Object of S.9 of Specific Relief Act, 1877 was to discourage people from forcibly occupying the immovable property by taking law in their hands and further to safeguard the possession of a person to the immovable property irrespective of his title

Said provision of law would provide for undoing the wrong with simple, effective and effectual remedy available to the party wronged without a lengthy hassle.

Fundamentals to be proved by the plaintiff in order to succeed in a suit for restoration of possession would be his possession on immovable property and that he was dispossessed from the property without his consent and such dispossession was otherwise than due course of law.

Limitation for a suit for restoration of possession was six months from the day when dispossession took place.

Object of provision of S.9 of Specific Relief Act, 1877 was to accord a right to the person to promptly have his possession of immovable property taken back in the face of his dispossession without his consent and otherwise than due course of law

Object of S.9 of Specific Relief Act, 1877 was to discourage people from forcibly occupying the immovable property by taking law in their hands and further to safeguard the possession of a person to the immovable property irrespective of his title

Said provision of law would provide for undoing the wrong with simple, effective and effectual remedy available to the party wronged without a lengthy hassle.

Suit for restoration of possession could be instituted irrespective of any right or title etc. which was special remedy to redress the persons dispossessed without any legal right and in unlawful manner.

Suit for restoration of possession could be filed within six months from dispossession of property.

Plaintiff firstly opted to file a declaratory suit for cancellation of a gift deed and, during pendency of lis, he was deprived of the possession of suit land

Plaintiff should have prayed for the recovery of possession of land as consequential relief by way of amendment in the said suit

Present suit had been dismissed by the Trial Court in a right direction

Plaintiff was bound to institute suit for restoration of possession within a period of six months

Plaintiff had failed to prove his dispossession from the specific date mentioned in the plaint

No illegality, irregularity or perversity had been pointed out in the impugned judgment and decree passed by the Trial Court

Trial Court had exercised jurisdiction vested in it by law in a legal manner

Suit was rightly dismissed for want of proof, being beyond limitation and for cause of action

Revision was dismissed in circumstances.