A large number of remedial aspects of the law have been dealt with by the Specific Relief Act of 1963. By and large, cures are frequently given by substantive law which characterizes the rights and obligations. For instance, the law of agreement gives the cure of harms to rupture of agreement.
Specific relief Act is worried about social liberties and not reformatory laws, even civil law needs to deal with specific rights, and these are tights to ownership of the property. Property may either be mobile or enduring. Right now, will examine the arrangements identified with recuperating of both portable or steadfast property.
Section 5 and 6 of the Specific Relief Act, 1963 give techniques to recuperation of ownership of the specific explicit unflinching property. Section 5 of Specific Relief Act, 1963 gives that an individual qualified for the ownership of a particular steady property can recuperate it in the way endorsed by the Code of Civil Procedure, 1908 (5 of 1908).
Section 5 provides the manner for recovery of specific immovable property. It reads as, “A person entitled to the possession of the specific immovable property can recover it in the manner provided by the Code of Civil Procedure, 1908”.
The substance of this segment is 'title,' for example the individual who has better title is an individual qualified for the ownership. The title might be of proprietorship or ownership. Along these lines, if 'A' goes into tranquil ownership of land asserting his own despite the fact that he may have no title, still he has the privilege to sue another who has expelled him coercively from ownership since he may have no legal title yet at any rate has a possessory title.
It is a rule of law that an individual, who has been in a long consistent ownership of the relentless property, can ensure the equivalent by looking for a directive against any individual on the planet other than the genuine proprietor. It is additionally a settled rule of law that proprietor of the property can get back his ownership just by depending on fair treatment of law. It expresses that a suit for ownership must be recorded having respect to the arrangement of the Code of Civil Procedure.
Section 7 and 8 of the Specific Relief Act, 1963 contains provisions for recovery of possession of some specific movable property. Section 7 of Act with the head ‘recovery of Specific movable property’ provides that, “a person entitled to the possession of the specific movable property may recover it in the manner provided by the Code of Criminal Procedure, 1908 (5 of 1908).
Under section 8 no suit can be brought against the owner, while under section 7a person enjoying special or temporary right to present possession can bring suit even against the owner and under section 7 a decree is for the return of movable property or for the money value in alternative while under section 8 decree is only for return of specific article.
