Case Note & Summary
The dispute arises out of a suit under Section 6 of the Specific Relief Act, 1963, concerning Plot No. 8 in the layout of Uruvila Cooperative Housing Society, Nagpur. The plaintiff, Mahesh Zangoji Ghotekar, claimed that he was in possession of the suit property from 2006 to 2008 along with his brother Nivrutti and sister-in-law Umabai. After Nivrutti's death in 2007 and Umabai's shifting, the plaintiff was in exclusive possession. In 2008, he moved to a different locality and gave the suit block to one Dr. Dubey on leave and license basis for maintenance charges of Rs.3,500 per month. Dr. Dubey resided there from 10.07.2008 to 31.08.2011. On 01.09.2011, the defendants (respondents), who are the daughter and son-in-law of the plaintiff's deceased brother, forcibly entered the suit house and started occupying it. The plaintiff filed Special Civil Suit No. 104 of 2012 on 02.02.2012, within six months of dispossession, seeking possession under Section 6. The defendants resisted, claiming the property was joint family property and that the defendant no.2 had a share. The trial court dismissed the suit, holding that the plaintiff had failed to prove his possession within six months prior to the suit, as he had shifted to Beltarodi in 2008 and was not in actual physical possession at the time of dispossession. The plaintiff filed a civil revision application in the High Court. The High Court allowed the revision, holding that the plaintiff's possession through a tenant is sufficient for a suit under Section 6. The court noted that the tenant's possession is the possession of the landlord, and the plaintiff had not abandoned possession. The court set aside the trial court's judgment and decreed the suit, directing the defendants to deliver possession of the suit property to the plaintiff within three months.
Headnote
A) Specific Relief Act - Suit for Possession under Section 6 - Prior Possession - The suit under Section 6 of the Specific Relief Act, 1963 is a summary proceeding based on prior possession, not title. The plaintiff must prove that he was in possession within six months prior to the suit and was dispossessed without his consent or otherwise than in due course of law. In the present case, the plaintiff had given the suit property on leave and license to a tenant who was in possession at the time of forcible entry by the defendants. The court held that the plaintiff's possession through a tenant is sufficient to maintain a suit under Section 6, and the plaintiff is entitled to restoration of possession. (Paras 2-6) B) Specific Relief Act - Section 6 - Possession through Tenant - The plaintiff's possession through a tenant is recognized as legal possession for the purpose of Section 6. The tenant's possession is the possession of the landlord. Therefore, even if the plaintiff was not physically present, his constructive possession through the tenant is sufficient to invoke Section 6. The court rejected the trial court's finding that the plaintiff had abandoned possession, as the evidence showed the tenant was in possession and paying maintenance charges to the plaintiff. (Paras 3-6) C) Specific Relief Act - Section 6 - Limitation - The suit was filed within six months of the alleged forcible dispossession on 01.09.2011, as required by Section 6. The limitation period is six months from the date of dispossession, and the suit filed on 02.02.2012 was within time. (Para 2)
Issue of Consideration
Whether the plaintiff is entitled to a decree for possession under Section 6 of the Specific Relief Act, 1963, based on prior possession, even if he was not in actual physical possession at the time of dispossession due to having given the property on leave and license to a tenant.
Final Decision
The High Court allowed the civil revision application, set aside the trial court's judgment, and decreed the suit. The defendants are directed to deliver possession of the suit property to the plaintiff within three months.
Law Points
- Section 6 of Specific Relief Act
- 1963
- Suit for possession based on prior possession
- Summary suit
- Title not relevant
- Possession within six months
- Forcible dispossession
- Maintenance of possession through tenant
