LAW OF SPECIFIC RELIEF 287
- All that is necessary to maintain a suit is a right to present possession.—
(i) The right of present possession may arise out of ownership or may not.
(ii) Right to present possession may be special or temporary.
( II ) R IGHT TO POSSESSION OTHERWISE THAN BY THE ACT OF THE OWNER .—
(1) The founder of lost goods has a right to possession.
(2) It is not the result of the act of the owner.
(3) But it is good against all the world except the true owner.
II. Against whom can such a suit be maintained
A suit under Section 10 can be maintained against any one and can be maintained even against the true owner.
All that is necessary is that the Plaintiff must be entitled to possession.
Section 11. Moveable Property
- Q. 1.—Who can maintain a suit under Section 11.
A.—The person entitled to immediate possession.
- Q. 2.—Against whom can such a suit be maintained ?
A.—Against any person if he is not owner.
The Defendant must not be the owner. If he is, then Section 10 would apply.
- Q. 3.—In what case will there be specific relief by way of recovery of possession ?
A.—(i) Where the person who holds the thing is the agent or trustee of the claimant.
(ii) Where compensation for money would not be adequate compensation to the claimant for the loss.
(iii) Where it is extermely difficult to ascertain actual damage caused by its loss.
(iv) Where the possession of the person is the result of a wrongful transfer from the claimant.