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 the key difference between Section 5 and Section 6 of the Specific Relief Act. Section 5 is a suit based on title (regular, longer process). Section 6 is a suit based on possession (summary, faster remedy), which has limitations like a 6-month filing period, no appeal, and no availability against the government.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The Specific Relief Act, 1963, provides remedies for persons whose civil or contractual rights have been infringed. Sections 5 and 6 deal with the recovery of possession of immovable property.

Step 2: Detailed Explanation:
Let's analyze the relevant sections:
- Section 5 provides the regular remedy for recovery of possession of immovable property based on title, through a regular suit as provided by the Code of Civil Procedure.
- Section 6 provides a summary remedy. It allows a person who has been dispossessed of immovable property without his consent and otherwise than in due course of law to file a suit for recovery of possession, regardless of title. This remedy is based purely on previous possession.
- However, Section 6(2)(a) places a crucial restriction. It states that "No suit under this section shall be brought... against the Government."
- Section 7 deals with the recovery of specific movable property.
- Section 8 deals with the liability of a person in possession, not being the owner, to deliver to the person entitled to immediate possession.
Therefore, the specific prohibition against filing a (summary) suit against the government for dispossession is contained in Section 6.

Step 3: Final Answer:
Section 6 of the Specific Relief Act, 1963, prohibits filing a summary suit for recovery of possession against the government.