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Ownership means absolute rights and legitimate claim to the object whereas Possession is more of physical control over the object. A person who has an illegal dispossessed of immovable property may claim to recover such possession by filing a suit held by the Gauhati High Court before the HON’BLE JUSTICE DEVASHIS BARUAH in the matter of Abdul Muhit Barbhuiya and 7 Ors V. Dukar Khasia and Ors. [ CRP/132/2019]

The background of the case arises, from the Respondent having instituted an under Section 6 of the Specific Relief Act, 1963 for restoration of possession of the plaintiff over the suit land. The Respondent trespassed on the suit land and threatened the plaintiff of dire consequences unless the plaintiff leaves the suit land and subsequently, the plaintiff was compelled to leave the suit land. The FIR was lodged against the Respondent. The respondent denied the charges filed. Respondent stated that the suit land was non-agricultural and his father was in possession of the land. The suit land was used for cultivation and dwelling houses. The grandfather of the respondent filed an application before the Assistant Settlement Officer for getting a certificate of suit land along with another land. 

The Respondent has not adduced any evidence. The plaintiff was entitled to a decree for recovery of the Khas possession by evicting the respondent. The nature of the suit under Section 6 of the Act says that any person is dispossessed without his consent of immovable property then in the due course of action can claim to recover the possession. The limitation of a suit is a short period of six months from dispossession.

The Hon’ble Court held that “On considering the lack of Evidence, the instance proceedings under the Section 6 is not maintainable. Respondent is not precluded from instituting a suit based on title and recover possession but only entitled under the law. Petition stand is allowed”

 

Click here to read the Judgement.

Judgement reviewed – Kaviya S