Recovering Possession of Property MCQ Quiz in বাংলা - Objective Question with Answer for Recovering Possession of Property - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct option is Actual.

Key Points

• Section 6 of the Specific Relief Act of 1963 deals with suits for possession of immovable property.
• The relevant portion of the section 6 is as follows:
  • Suit by person dispossessed of immovable property—
    • "If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit."
• Actual:
  • This refers to physical possession and it is indeed one of the conditions under Section 6.
  • If a person is dispossessed of immovable property, they can file a suit for possession. 
• Constructive:
  • Constructive possession generally refers to a legal fiction where a person is deemed to have possession even if they do not have actual physical control.
  • However, Section 6 explicitly mentions "dispossessed without his consent," implying that actual possession is a prerequisite for filing a suit under this section.
• Symbolic:
  • Symbolic possession refers to certain acts symbolizing possession but it does not involve actual physical control.
  • Section 6 requires the person to be dispossessed and symbolic possession alone would not trigger the right to file a suit under this section.
• Therefore, a suit under Section 6 of the Specific Relief Act is tenable when the possession is actual.

The correct option is Government.

Key Points

• Section 6 of the Specific Relief Act deals with the provision related to suit by a person dispossessed of immovable property.
  • It reads as:
    • "If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him, may by suit recover possession thereof.
    • No suit under this section shall be brought-
      • After the expiry of six months from the date of dispossession.
      • Against the Government. 
    • No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of the decree under this section be allowed.
    • Nothing in this section shall bar any person from suit to establish his title to such property and to recover possession thereof.”
• Section 6 is only applicable if the plaintiff proves:
  • That he is in juridical possession of the immovable property in dispute.
  • That he had been dispossessed of without his consent and due process of law.
  • That dispossession took place within six months from the date of suit.
• The plaintiff in the suit under Section 6 need not establish title, rather possession in the context of this section means legal possession which may exist with or without actual possession and with or without rightful origin.

The correct option is Recovery of specific immovable property.

Key Points

• Section 5 of the Specific Relief Act deals with the recovery of specific immovable property.
• Recovery of specific immovable property—
  • A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure of 1908.
• The section provides that a person who is a lawful owner of immovable property can the possession of such property by due course of law.
• It means that when a person is entitled to the possession of specific immovable property he can recover the same by filing the suit as per provisions of CPC.
• He may file suit for ejectment on the strength of his title and can get a decree for ejectment based on the title within 12 years of the date of possession.
• Section 5 of the Act declares that in a suit for recovery of immovable property by a person 'entitled to' provisions Order XXI, Rules 35 and 36 of CPC would apply.

Additional Information 

• Section 7 says Recovery of specific movable property.—A person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).
  Explanation 1.—A trustee may sue under this section for the possession of movable property to the beneficial interest in which the person for whom he is trustee is entitled.
  Explanation 2.—A special or temporary right to the present possession of movable property is sufficient to support a suit under this section.

The correct option is Title to the property.

Key Points

• Section 5 of the Specific Relief Act, the essence of this section is ‘title,’ i.e., the person who has the better title is a person entitled to the possession.
• The title may be of ownership or of possession.
• A suit under Section 5 is an ordinary suit under the general law and the plaintiff has to prove that he has a better title.
• Case:-
  • Prataprai N. Kothari v. John Braganza (1999)
    • The Supreme Court held that it is a settled law that even the owner of the property can get back his possession only by resorting to due process of law.
  • V. Rajeshwari v. T. C. Saravanabava (2004)
    • The Supreme Court held that a decision as to a specified part of a property in question may not constitute res judicata in respect of any subsequent proceeding regarding the entire property
• Section 5 of SRA says Recovery of specific immovable property—A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).

The correct option is 6 years.

Key Points

• Section 5 of the Specific Relief Act deals with the recovery of specific immovable property.
• Recovery of specific immovable property—
  • A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure of 1908.
• The section provides that a person who is a lawful owner of immovable property can the possession of such property by due course of law.
• It means that when a person is entitled to the possession of specific immovable property he can recover the same by filing the suit as per provisions of CPC.
• He may file suit for ejectment on the strength of his title and can get a decree for ejectment based on the title within 12 years of the date of possession.
• Section 5 of the Act declares that in a suit for recovery of immovable property by a person 'entitled to' provisions Order XXI, Rules 35 and 36 of CPC would apply.

The correct option is All of the above.

Key Points

• Section 6 of the Specific Relief Act deals with the provision related to suit by a person dispossessed of immovable property.
  • It reads as:
    • "If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him, may by suit recover possession thereof.
    • No suit under this section shall be brought-
      • After the expiry of six months from the date of dispossession.
      • Against the Government. 
    • No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of the decree under this section be allowed.
    • Nothing in this section shall bar any person from suit to establish his title to such property and to recover possession thereof.”
• Section 6 is only applicable if the plaintiff proves:
  • That he is in juridical possession of the immovable property in dispute.
  • That he had been dispossessed of without his consent and due process of law.
  • That dispossession took place within six months from the date of suit.
• The plaintiff in the suit under Section 6 need not establish title, rather possession in the context of this section means legal possession which may exist with or without actual possession and with or without rightful origin.
• Case:- K.K. Verma v. Union of India (1954)
  • The High Court of Bombay held that after the expiry of the tenancy agreement, the tenant continues to hold lawful possession and cannot be dispossessed unless the owner gets a decree of eviction against him.

The correct option is Six months from the date of dispossession.

Key Points

• Section 6 of the Specific Relief Act deals with the provision related to suit by a person dispossessed of immovable property.
  • It reads as:
    • "If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him, may by suit recover possession thereof.
    • No suit under this section shall be brought-
      • After the expiry of six months from the date of dispossession.
      • Against the Government. 
    • No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of the decree under this section be allowed.
    • Nothing in this section shall bar any person from suit to establish his title to such property and to recover possession thereof.”
• Section 6 is only applicable if the plaintiff proves:
  • That he is in juridical possession of the immovable property in dispute.
  • That he had been dispossessed of without his consent and due process of law.
  • That dispossession took place within six months from the date of suit.
• Sections 5 and 6 both give alternative remedies and are mutually exclusive.
  • Under section 5, a person dispossessed can get possession based on title, whereas in section 6, a person dispossessed may recover possession by proving previous possession and further wrongful dispossession.

The correct option is Both 1 and 2.

Key Points

• Section 7: Recovery of specific movable property 
  • A person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).
    • Explanation 1: A trustee may sue under this section for the possession of movable property to the beneficial interest in which the person to whom he is trustee is entitled.
    • Explanation 2: A special or temporary right to the present possession of movable property is sufficient to support a suit under this section.
• Section 7 pertains to the determination of inadequacy of legal remedies.
• According to this section, the specific performance of a contract cannot be enforced in cases where monetary compensation is an adequate relief.
• Currency notes -
  • Currency notes are considered as a form of monetary compensation and Section 7 would not apply to them.
• Immovable property -
  • Specific performance of a contract related to immovable property can be enforced under the Specific Relief Act unless there are specific circumstances where it is not an adequate remedy.
• This seems that Section 7 does not apply to both currency notes and immovable property.

The correct option is Section 7.

Key Points

• Recovery of the possession of movable property:-
  • Section 7 of the Specific Relief Act of 1963 explains that when a person wants to recover the possession of the movable property.
  • This section can follow the procedure expressed by the Code of Civil Procedure, 1908.
  • Section 7 has further two sub-clauses:
    • A trustee may sue under this section for the possession of movable property to the beneficial interest in which the person to whom he is trustee is entitled.
    • A special or temporary right to the present possession of movable property is sufficient to support a suit under this section.
• The essentials of section 7 are-
  • There must be a presence of movable property which is capable of being delivered or disposed of.
  • The person suing must have the possession of the property in question.
  • There may be an existence of a special or temporary right on the property.

The correct answer is Contracts not specifically enforceable.

Key Points

• Section 14 of the Specific Relief Act provides for the Contracts not specifically enforceable.
• It states that —The following contracts cannot be specifically enforced, namely:—
  (a) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20;
  (b) a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise;
  (c) a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms; and
  (d) a contract which is in its nature determinable.