Section 6 Specific Relief Act, 1963: Suit by person dispossessed of immovable property

Bare Act text

6. Suit by person dispossessed of immovable property.—(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person 3[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.

(2) No suit under this section shall be brought—

(a) after the expiry of six months from the date of dispossession; or

(b) against the Government.

(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.

(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.

Amendment notes

Ins. by Act 18 of 2018, s. 2 (w.e.f. 1-10-2018).

Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.

In simple words

Under sub-section (1), a person dispossessed of immovable property without consent, and not in due course of law, can sue to recover possession. A person through whom he was in possession, or a person claiming through him, can also sue. The suit succeeds whatever other title the defendant sets up. Under sub-section (2), the suit cannot be filed after six months from dispossession or against the Government. Under sub-section (3), no appeal or review lies against an order or decree in such a suit. Under sub-section (4), a person can still sue to establish title and recover possession. The 2018 amendment inserted the words covering a person through whom the dispossessed person was in possession.

Section 6 Specific Relief Act: Suit by person dispossessed of immovable property

Bare Act text

In simple words

Chapter I: Recovering Possession Of Property