Case Note & Summary
The dispute arose from a Civil Revision Application filed by the original defendant No. 2 against a judgment and order passed by the trial court in a suit under Section 6 of the Specific Relief Act, 1963. The plaintiff, a registered partnership firm, sought possession of a room in a building, alleging dispossession by the defendants. The plaintiff claimed to have been in possession of the property and alleged that the defendants committed criminal trespass in June 2012. The trial court decreed the suit for possession, leading to the present revision application. The revision applicant contended that the suit was barred by limitation as the plaintiff failed to specify the date of dispossession, which is critical under Section 6(2)(a) of the Specific Relief Act. The court noted that the plaintiff's pleadings only mentioned knowledge of dispossession in June 2012 without a specific date of dispossession. The court emphasized that the plaintiff was required to prove the date of dispossession to maintain the suit under Section 6. The trial court's reasoning, which treated the date of knowledge as the date of dispossession, was found erroneous. The High Court concluded that the absence of a specific date of dispossession warranted the dismissal of the suit. Consequently, the High Court allowed the revision application, quashed the trial court's decree, and dismissed the suit filed by the plaintiff.
Headnote
A) Specific Relief Act - Suit for Possession - Limitation Period - The suit under Section 6 must be filed within six months from the date of dispossession - The plaintiff failed to specify the date of dispossession, leading to dismissal of the suit as barred by limitation - Held that the absence of a specific date of dispossession is crucial for maintainability of the suit (Paras 23-28).
Issue of Consideration
Whether the trial court erred in treating the date of knowledge of dispossession as the date of dispossession for the purpose of limitation under Section 6 of the Specific Relief Act.
Final Decision
The High Court allowed the Civil Revision Application, quashed the trial court's judgment and decree, and dismissed the suit filed by the plaintiff bearing Special Civil Suit No. 1334 of 2012.
Law Points
- Limitation period
- Specific Relief Act
- possession
- dispossession
- summary suit
- jurisdictional error
