Question

Under the Specific Relief Act, 1963, when can a defendant in possession of movable property be compelled to deliver it to the plaintiff?

• A. When the property is held as agent or trustee of the plaintiff
• B. When the property is held as mortgaged asset of the plaintiff
• C. When the property is held as lessee or sub-tenant of the plaintiff
• D. When the property is held as co-owner in common with the plaintiff

Hint:

In Specific Relief, trustees and agents have fiduciary duties; they must return property immediately when demanded.

Answer 1

The Correct Option is A

Step 1: Understanding recovery of movable property.
Under Sections 5 and 7 of the Specific Relief Act, specific delivery of movable property is granted when the defendant possesses the property unlawfully and the plaintiff has a better right to possession.
Step 2: Identifying the special situation.
A defendant acting as an agent or trustee holds the property on behalf of the plaintiff. In such cases, delivery is mandatory since he has no independent right to retain it.
Step 3: Applying to the options.
Only option (1) aligns with the statutory principle and judicial interpretation.