Recovery of Possession of Moveable Property under Specific Relief Act
Recovery of Possession of Moveable Property
1. Introduction
The Specific Relief Act outlines the circumstances under which a person can sue for the recovery of moveable property held by another without lawful justification.
2. Relevant Provisions
Sections 10 and 11 of the Specific Relief Act govern the recovery of moveable property.
3. Who Can File Suit
The following individuals can file a suit for the recovery of moveable property:
- Owner of the property
- A trustee on behalf of the beneficiary
4. Meaning of Moveable Property
Moveable property refers to all types of property except immovable property (land and buildings).
5. Recovery of Specific Moveable Property
According to Section 10 of the Specific Relief Act:
“A person entitled to the possession of specific moveable property may recover the same in the manner prescribed by the Code of Civil Procedure.”
7. Liability of a Person in Possession of Moveable Property
Section 11 of the Specific Relief Act deals with the circumstances under which the plaintiff can recover specific moveable property from the defendant who is not the owner, particularly when the property has unique value or association and cannot be adequately compensated for in monetary terms. According to Section 11:
“Any person having the possession or control of a particular article of moveable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:”
- When the thing claimed is held by the defendant as the agent or trustee of the claimant.
- When compensation in money would not afford the claimant adequate relief for the thing claimed.
- When it would be extremely difficult to ascertain the actual damage caused by its loss.
- When the possession of the thing claimed has been wrongfully transferred from the claimant.
Essentials of Section 11
- Possession: The defendant has possession or control of the specific article claimed.
- Moveable Property: The article in question is moveable property.
- Defendant is not Owner: The defendant is not the owner of the article.
- Entitlement of Possession: The plaintiff is entitled to immediate possession of the article.
- Article held by Defendant as Trustee: The thing claimed is held by the defendant as the plaintiff’s agent or trustee.
- Compensation in Money not Adequate: Compensation in money would not sufficiently compensate for the loss of the claimed item.
- Ascertainment of Actual Damage is Difficult: Determining the actual damage caused by the loss of the claimed item is extremely difficult.
- Wrongful Transfer of Possession: The possession of the item has been wrongfully transferred from the claimant.
8. Period of Limitation
The period of limitation for filing a suit under Section 10 is three years from the date when the property was wrongfully taken.
9. Appeal
An order issued by the court under Section 10 is appealable.
It is important to note that an agreement to sell cannot be considered a document of title, and a suit for possession based on such a document is not maintainable.
10. Conclusion
The Specific Relief Act provides avenues for recovering possession of moveable property. Not only individuals entitled to possession but also trustees acting on behalf of beneficiaries can seek legal recourse to reclaim moveable property wrongfully held by others.