Case Note & Summary
The case involves a civil revision application filed by the original defendant challenging the judgment and order dated 18.3.2011 passed by the Civil Judge, Junior Division, Maregaon, decreeing Regular Civil Suit No.34 of 2009 filed by the respondent/plaintiff under Section 6 of the Specific Relief Act, 1963. The suit was for recovery of possession based on alleged dispossession. The trial court decreed the suit, leading to the revision. The High Court admitted the matter and heard it finally by consent. The court examined the evidence and found that the trial court had not properly appreciated the evidence regarding possession and dispossession. The High Court held that the plaintiff failed to prove his possession within six months prior to the suit and that the dispossession was wrongful. Consequently, the revision was allowed, the trial court's decree was set aside, and the suit was dismissed.
Headnote
A) Specific Relief Act - Suit for Possession under Section 6 - Summary Nature - Section 6 of the Specific Relief Act, 1963 provides a summary remedy for recovery of possession based on prior possession and wrongful dispossession, without going into the question of title. The court must be satisfied that the plaintiff was in possession and was dispossessed without his consent and otherwise than in due course of law. (Paras 1-3) B) Evidence - Possession and Dispossession - Burden of Proof - In a suit under Section 6 of the Specific Relief Act, 1963, the plaintiff must prove his possession within six months prior to the suit and that he was dispossessed by the defendant. The trial court's finding that the plaintiff was in possession and was dispossessed was based on insufficient evidence and was liable to be set aside. (Paras 4-6)
Issue of Consideration
Whether the trial court was justified in decreeing the suit under Section 6 of the Specific Relief Act, 1963, without properly appreciating the evidence on record regarding possession and dispossession.
Final Decision
The civil revision application is allowed. The judgment and order dated 18.3.2011 passed by the Civil Judge, Junior Division, Maregaon in Regular Civil Suit No.34 of 2009 is set aside. The suit stands dismissed.
Law Points
- Specific Relief Act
- Section 6
- Suit for Possession
- Summary Suit
- Title Not Relevant
- Possessory Title
- Dispossession Without Consent
- Limitation
- Burden of Proof
