Case Note & Summary
The petitioners, original defendants, challenged a decree dated 18th May 1998 passed in favour of the respondents-plaintiffs under Section 6 of the Specific Relief Act, 1963. The respondents claimed that the first respondent was the widow of late Narayandas H. Bhanushali, who had married her after the death of his first wife Rukmini in 1948. The suit premises were a room in Tulsi Bhavan. The trial court decreed the suit in favour of the respondents. The petitioners contended that the suit under Section 6 was not maintainable against them as they were not trespassers but were in possession under a claim of lawful title. The High Court held that a suit under Section 6 is a summary proceeding intended to prevent self-help and to restore possession to a person wrongfully dispossessed. It cannot be used to decide complex questions of title. Since the petitioners claimed to be lawful owners and were not trespassers, the suit under Section 6 was not maintainable. The court allowed the writ petition, set aside the decree, and dismissed the suit with no order as to costs.
Headnote
A) Specific Relief Act, 1963 - Section 6 - Summary Suit for Possession - Maintainability - A suit under Section 6 is a summary proceeding for recovery of possession from a person who has dispossessed the plaintiff without his consent and otherwise than in due course of law. It is not maintainable against a person who claims to be a lawful owner and who is in possession under a claim of right. The court cannot decide the question of title in such a suit. (Paras 1-10) B) Constitution of India - Article 227 - Supervisory Jurisdiction - Scope - The High Court in exercise of its supervisory jurisdiction under Article 227 can interfere with a decree passed by a trial court if the trial court has acted without jurisdiction or has committed a grave error of law. In the present case, the trial court had no jurisdiction to entertain the suit under Section 6 against the petitioners who were not trespassers but claimed to be lawful owners. (Paras 1-10) C) Specific Relief Act, 1963 - Section 6 - Dispossession - Meaning - Dispossession under Section 6 must be without consent and otherwise than in due course of law. The provision is intended to prevent self-help and to restore possession to a person who has been wrongfully dispossessed. It does not apply where the defendant is in possession under a bona fide claim of right. (Paras 1-10)
Issue of Consideration
Whether a suit under Section 6 of the Specific Relief Act, 1963 for recovery of possession is maintainable against a person who claims to be a lawful owner and not a trespasser, and whether the trial court could have decided the suit without going into the question of title.
Final Decision
The High Court allowed the writ petition, set aside the decree dated 18th May 1998 passed by the trial court, and dismissed the suit. No order as to costs.
Law Points
- Section 6 of Specific Relief Act
- 1963
- summary suit for possession
- title not to be decided
- maintainability against lawful owner
- Article 227 of Constitution of India
