Case Note & Summary
The plaintiff, Om Nath Chudamani Sharma, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession of Flat No. 17/C, ground floor, Lachmi Govind Apartments Co-operative Housing Society Ltd., Andheri (West), Bombay. The plaintiff alleged that on 19th March 1981 at about 9:30 p.m., while he was having dinner with his wife, mother, and minor child, the defendant, Deepak Mahadeo Patil, along with 50 armed persons, broke open the side door and latch of the front door and forcibly entered the flat, dispossessing him and his family without consent and otherwise than in due process of law. The Secretary of the society lodged a police complaint, and police arrived at 10:30 p.m. the same night and drew a panchanama. On 20th March 1981, society officials wrote to the Commissioner of Police. No action was taken, so the plaintiff filed the suit on 14th September 1981. The defendant filed a written statement on 20th December 1983 denying all allegations and claiming that he was the owner of the flat and had never dispossessed the plaintiff. The court framed issues, including whether the plaintiff was in possession of the suit premises on 19th March 1981 and whether he was dispossessed by the defendant otherwise than in due course of law. The plaintiff examined himself and two other witnesses, while the defendant examined himself and one witness. The court found that the plaintiff had proved his possession and forcible dispossession by the defendant. The court held that the suit was within six months of dispossession and that the plaintiff was entitled to restoration of possession under Section 6 of the Specific Relief Act. The court decreed the suit, directing the defendant to restore possession of the suit flat to the plaintiff within two months.
Headnote
A) Specific Relief Act - Restoration of Possession - Section 6 - Forcible Dispossession - The suit under Section 6 of the Specific Relief Act, 1963 is for restoration of possession based on prior possession and forcible ouster, without need to prove title. The court must determine if the plaintiff was in possession and was dispossessed otherwise than in due course of law within six months prior to the suit. (Paras 1-3)
Issue of Consideration
Whether the plaintiff is entitled to restoration of possession under Section 6 of the Specific Relief Act, 1963, having been dispossessed forcibly and without due process of law.
Final Decision
The suit is decreed. The defendant is directed to restore possession of the suit flat to the plaintiff within two months from the date of the judgment.
Law Points
- Section 6 of Specific Relief Act
- 1963 provides a summary remedy for restoration of possession to a person dispossessed otherwise than in due course of law
- without requiring proof of title
- the only requirement is prior possession and forcible dispossession within six months.
