Question

How the recovery of specific immovable property may be enforced?

• A. A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Criminal Procedure, 1973.
• B. A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908.
• C. A person entitled to the possession of specific immovable property may recover it in the manner provided by The Specific Relief Act, 1963.
• D. A person entitled to the possession of specific immovable property may recover it in the manner provided by the Transfer of Property Act, 1882.

Hint:

Remember: The right to recover possession of immovable property is governed by the Specific Relief Act, 1963, particularly Section 5.

Answer 1

The Correct Option is B

Step 1: Understanding the legal provision.
Section 5 of the Specific Relief Act, 1963, provides that a person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908. However, the enforcement itself is governed by the provisions of the Specific Relief Act.
Step 2: Analyzing the options.
(A) Incorrect — Criminal Procedure Code, 1973 deals with criminal matters, not civil possession.
(B) Correct — The recovery of specific immovable property is provided under Section 5 of The Specific Relief Act, 1963.
(C) Incorrect — The Transfer of Property Act deals with transfer and ownership, not recovery.
Step 3: Conclusion.
Hence, the correct answer is (B) — The Code of Civil Procedure, 1908.