Recovery of possession dealt under section 5, section 6, section 7 and section 8 of specific relief act. Section 5 and section 6 deal with the recovery of specific immovable property and sections 7 and section 8 deals with the recovery of specific movable property of specific relief act.
Section 5 of the specific relief act deals with the recovery of specific immovable property. It says that a person is entitled to the immovable property then he can recover the same by filing suit according to the provisions given under the code of civil procedure. Such a person can file a suit for ejectment on the basis of title and can get the decree within 12 years of the date of possession. The person entitled to the title can file suit under Order XXI rules 35 and 36 of the code of civil procedure.
There are three types of suits that can be filed for recovery of immovable property:
- Suit on the basis of title by ownership.
- Suit on the basis of possession of property.
- Suit on the basis of previous possession by plaintiff, where he dispossessed without his consent.
The term ‘entitle to possession’ means the right of possession on the basis of ownership. The plaintiff will prove in the court that he had a legal title when the trespasser dispossessed him. Such title can be acquired by contract, inheritance, and prescription or even by possession.
It’s necessary that when we talk about the lawful title it doesn’t include adverse possession. There is commencement and continuance of title is legal.