Question

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

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

Hint:

Section 6 of the Specific Relief Act, 1963, bars suits against the Government for recovery of possession — emphasizing the Government's legal protection in possession matters.

Answer 1

The Correct Option is B

Step 1: Understanding Section 6 of the Specific Relief Act.
Section 6 of the Specific Relief Act, 1963, provides that no suit shall lie against the Government to recover possession of immovable property if a person has been dispossessed by the Government. This provision acts as a statutory bar, preventing individuals from filing such suits against the Government.

Step 2: Explanation of Other Options.
- (a) Section 5: Deals with the right to recover possession of immovable property by lawful ownership but does not relate to the Government.
- (c) Section 7: Pertains to recovery of specific movable property and is not about suits against the Government.
- (d) Section 8: Concerns the liability of persons in possession of movable property to deliver it to the rightful owner, and does not restrict suits against the Government.

Step 3: Conclusion.
Hence, under Section 6 of the Specific Relief Act, 1963, a person cannot file a case against the Government to recover possession of immovable property.