284 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
PART II
Consideration of the Different Kinds of Specific Reliefs Recognized by the Act.
Division I
Recovery of possession of Property Sections 8, 9, 10 and 11.
- Recovery of Possession of immoveable property
—Sections 8, 9.
- Recovery of Possession of moveable property
—Sections 10, 11.
Recovery of Possession of Immoveable Property.
- The Question is—
When can a person, who has lost possession of immovable property and sues to recovery possession thereof—be granted possession thereof instead of damages or compensation for the loss of possession.
The emphasis is on the nature of the relief—i.e. the recovery of the specific piece of property of which possession is lost. The relief by way of damages or compensation is always open under the general law. Question is when can an injured person insist upon specific relief for the recovery of property.
The cases in which a person has lost possession of immoveable property fall under two classes.—
(i) The case of a person who is entitled to possession but who has lost possession.
(ii) The case of a person who had possession but who has lost possession.
The difference consists in being entitled to possession and being in possession.
These two cases are dealt with in Sections 8 and 9. Both provide that in either case the Plaintiff shall be entitled to Specific Relief by way of recovery of property.
Requirements of Section 8.
(i) Prove that you have a title to possession and you will succeed in recovering possession by way of specific relief.