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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Specific Relief Act, 1963 · Chapter I: Recovering Possession Of Property

Section 8 Specific Relief Act: Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession

Bare Act text

8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.—Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:—

(a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff;

(b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed;

(c) when it would be extremely difficult to ascertain the actual damage caused by its loss;

(d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff.

Explanation.—Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause (b) or clause (c) of this section, presume—

(a) that compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed, or, as the case may be;

(b) that it would be extremely difficult to ascertain the actual damage caused by its loss.

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

A person who has possession or control of a particular movable article, but is not its owner, can be compelled to deliver it. The claimant must be entitled to immediate possession. This applies in four cases. First, the defendant holds the thing as the plaintiff's agent or trustee. Second, money compensation would not give the plaintiff adequate relief. Third, it would be extremely difficult to work out the actual damage from its loss. Fourth, possession was wrongfully transferred from the plaintiff. For the second and third cases, the Explanation makes the court presume these facts. The presumption lasts until the contrary is proved.

Chapter I: Recovering Possession Of Property

  1. 5 Recovery of specific immovable property
  2. 6 Suit by person dispossessed of immovable property
  3. 7 Recovery of specific movable property
  4. 8 Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession
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