LAW OF SPECIFIC RELIEF 285
- Requirements of Section 9.
1. Prove that you were in possession within six months prior to the date of suit.
2. Prove that you were dispossessed without your consent or otherwise than in due course of law.
A in possession is dispossessed by B
I. a with title “ is “ without title II. a without title “ is “ with title III. a without title “ is “ without title
In all three cases A can recover possession if he brings suit under Section 9 i.e. within six months—irrespective of the question of title.
If he brings a suit after six months, he must rely on title so that A can recover possession in
(i) ——because he has a title.
(iii) ——because he has a possessory title.
But cannot recover in (ii) because B has title and A has not.
Who can maintain a suit under Section 10
According to Section 10, only a person entitled to the possession of the suit property can sue.
Meaning of “entitled to possession”.
Title to possession may arise
(i) as a result of ownership or
(ii) independently of ownership, as a temporary or special right to present possession
- Title to possession as a result of ownership.
(i) Ownership may be bare legal ownership or it may be legal ownership coupled with beneficial interest.
(ii) It is not necessary that a legal owner must have also a beneficial interest in the property to have a right to maintain a suit under Section 10.
(iii) This is made explicit in Explanation I, where a trustee is permitted to sue for the possession of the trust property although he has no beneficial interest in it.