Question

Section 6 of the specific Relief Act,1963 states thus: If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by---------, recover possession thereof, notwithstanding any other title that may be set up in such suit

• A. Application
• B. Restitution application
• C. Suit
• D. Reference

Hint:

Remember the key features of a suit under Section 6 of the Specific Relief Act: it's a summary remedy, based on prior possession (not title), must be filed within 6 months of dispossession, and no appeal lies from the decree passed in such a suit.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question is about the nature of the legal proceeding that can be initiated under Section 6 of the Specific Relief Act, 1963, to recover possession of immovable property after being wrongfully dispossessed.
Step 2: Key Formula or Approach:
Let's look at the wording of Section 6(1) of the Specific Relief Act, 1963:
"If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person through whom he has been in possession or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit."
The section heading itself is "Suit by person dispossessed of immovable property."
Step 3: Detailed Explanation:
The statutory language of Section 6 itself makes it clear that the remedy provided is by filing a "suit." This is a summary remedy based purely on possession; the court in such a suit will not go into the question of title. The objective is to discourage people from taking the law into their own hands. The legal action to be initiated is a formal civil suit in a court of law, not a mere application or reference.
Step 4: Final Answer:
The person dispossessed may recover possession by Suit.