Question

Which Section of Specific Relief Act prohibits filing a case against the Government

• A. Section 5
• B. Section 6
• C. Section 7
• D. Section 8

Hint:

Remember Section 6 of the SRA as a special, summary, and speedy remedy for wrongful dispossession. Because it's a summary remedy based only on prior possession (not title), it has limitations: no appeal, and no suit against the government.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks which section of the Specific Relief Act, 1963, contains a prohibition on filing a suit against the Government.

Step 2: Detailed Explanation:
Let's analyze the relevant sections of the Specific Relief Act dealing with the recovery of possession of property:
- Section 5 deals with the recovery of specific immovable property based on title, through the procedure provided by the CPC. There is no bar against the government here.
- Section 6 provides a summary remedy for a person who has been dispossessed of immovable property without their consent and otherwise than in due course of law. This suit must be brought within six months of dispossession. Section 6(2)(a) explicitly states: "No suit under this section shall be brought against the Government." This is a clear prohibition.
- Section 7 deals with the recovery of specific movable property.
- Section 8 deals with the liability of a person in possession of movable property, not the owner, to deliver it to the person entitled to immediate possession.
The specific bar against suing the government is found only in Section 6.

Step 3: Final Answer:
Section 6 of the Specific Relief Act, 1963, prohibits the filing of a suit under that section against the Government.