Question

Section 6 of the specific Relief Act,1963 states thus: 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---------, recover possession thereof, notwithstanding any other title that may be set up in such suit

• A. Application
• B. Restitution application
• C. Suit
• D. Reference

Hint:

Remember the key features of a suit under Section 6 of the Specific Relief Act: it's a summary remedy, based on prior possession (not title), must be filed within 6 months of dispossession, and no appeal lies from the decree passed in such a suit.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question is about the nature of the legal proceeding that can be initiated under Section 6 of the Specific Relief Act, 1963, to recover possession of immovable property after being wrongfully dispossessed.
Step 2: Key Formula or Approach:
Let's look at the wording of Section 6(1) of the Specific Relief Act, 1963:
"If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person 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."
The section heading itself is "Suit by person dispossessed of immovable property."
Step 3: Detailed Explanation:
The statutory language of Section 6 itself makes it clear that the remedy provided is by filing a "suit." This is a summary remedy based purely on possession; the court in such a suit will not go into the question of title. The objective is to discourage people from taking the law into their own hands. The legal action to be initiated is a formal civil suit in a court of law, not a mere application or reference.
Step 4: Final Answer:
The person dispossessed may recover possession by Suit.

Answer 2

The question asks what method of legal action Section 6 of the Specific Relief Act, 1963 provides to a person wrongfully dispossessed of immovable property. Let's check the wording against each option.

1. Application: an application is generally a request made within an existing proceeding or to invoke a summary jurisdiction, but Section 6 is not framed as an application, it creates an independent cause of action of its own kind.
2. Restitution application: restitution typically refers to restoring something as a consequence of a decree being varied or reversed on appeal, which is a different procedural concept and is not the term used in Section 6.
3. Suit: Section 6(1) uses this exact word, stating that a dispossessed person may, by suit, recover possession, notwithstanding any other title that may be set up in such suit. The heading of the section itself refers to a suit by a person dispossessed of immovable property, confirming that a full civil suit, not merely an application, is the prescribed remedy.
4. Reference: a reference ordinarily describes a court referring a question to a higher authority or another body, it is not the procedure by which a dispossessed person seeks to recover possession under this Act.

Since the statutory text of Section 6 explicitly and repeatedly uses the word suit to describe this remedy.

Therefore, the correct answer is Suit.