Question

Recovery of specific immovable property is defined

• A. Section of 5 of Specific Relief Act
• B. Section 120 (B) of IPC
• C. Under section 10 of Sale of goods Act
• D. None of the Above

Hint:

When studying the Specific Relief Act, clearly differentiate between Section 5 (recovering property based on title) and Section 6 (summary procedure to recover property based on prior possession after being wrongfully dispossessed).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks for the legal provision that deals with the recovery of possession of specific immovable property.

Step 2: Key Legal Provision:
The Specific Relief Act, 1963, provides remedies for persons whose civil or contractual rights have been violated. Chapter I of the Act is titled "Recovering Possession of Property."

Step 3: Detailed Explanation:
- Section 5 of the Specific Relief Act, 1963, is titled "Recovery of specific immovable property." It states 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. This is the provision for a title-based suit for possession.
- Section 6 of the same Act provides a summary remedy for a person who is dispossessed without their consent, based on prior possession.
The other options are incorrect:
- (B) Section 120B of IPC deals with the punishment for criminal conspiracy.
- (C) Section 10 of the Sale of Goods Act, 1930 deals with agreements to sell at valuation.

Step 4: Final Answer:
The recovery of specific immovable property is provided for under Section 5 of the Specific Relief Act, 1963.