How To File A Suit | Recovery Of Money Under Specific Relief Act?

recovery of money under specific relief act

HOW TO FILE A SUIT FOR RECOVERY OF MONEY UNDER SPECIFIC RELIEF ACT?

How to file a suit for recovery of money under specific relief Act- Specific Relief Act, 1963 provides for three provisions under which a person can file a suit for recovery. Section 5 and 6 provides for the recovery of possession of any specific immovable property and section 7 and 8 provides for the recovery of possession of any specific movable property. Section 20 of the said Act deals with a substituted performance where if there is any breach of contract, the aggrieved party will have to arrange for the performance through the window of the third party and recover costs and expenses which might have incurred. The aggrieved party, however, can claim for compensation.[1]

Section 5 provides that if there is any matter for recovery of a specific immovable property it can be done in the manner which has been prescribed by the Civil Procedure Code, 1908.[2] The section is based on the set principle of law that whoever remains in a continuous possession of a property or who has a better ‘title’ shall be given the right to sue another person who tries to take that property forcibly or in any other manner. This section implies the importance of the ‘title’ with a person. Section 6 of the said Act states the provisions relating to the suit by a person dispossessed of immovable property. Under this provision, the legal possession may exist with or without actual possession and there is no necessary element to establish a title for the same.

Section 7 of the said Act provides for the recovery of possession of the specific movable property and states that possession of the movable property can be recovered in the manner as has provided under the CPC, 1908. Under this provision, the plaintiff is entitled to possession of property which may be by temporary or special rights or ownership. The condition under section 7 is that only a person who has present possession of such movable property can file a suit. Furthermore, a property or the goods have ceased to exist or not movable or the execution of which is not under the power of the defendant, the plaintiff cannot file a suit for the recovery of the same. Section 8, on the other hand, provides for that a suit cannot be brought against an owner and the decree being obtained is only for the return of a specific item. The provision provides that even if a person is in possession of some property belonging to others for a period of time and the specific performance of that article has been used, the person is entitled to bring back the property to the rightful owner. In a certain case, a person left his furniture with his friend to take care of it while he was working abroad. For the time being in force, the friend can be taken as trustee for that furniture that has been left with him but he bound to give it back to the original owner whenever it is demanded.

As long as Section 20 of the said Act is concerned, before the amendment of 2018, if there is found to be any breach of contract the aggrieved party would not use to be left with another option but to get it performed through another party. However, in such scenarios, the party which requires such act of the contract to take place or the specific contract to be performed has to ensure the cost mitigation measures be taken and that the compensation is given under the Section 73 of the Indian Contract Act, 1872 and the compensation which is seeking is relating to only foreseeable cost. The new amendment which included the provision of substituted performance has been introduced to reduce such risks so that there is ability to compensate for the loss done and there is a recovery of the cost that has incurred.

Section 20 of the Act provides for the provisions of substituted performance. The provision states that if there is any breach of contract then the aggrieved party has the right to arrange the performance of such contract by the third party or even by its own agency so that any sort of cost or expense which might have incurred can be recovered. On the other hand, the aggrieved party still can claim compensation from the defaulting party.[3] The provision provides for that when such substituted performance has taken place, the aggrieved party is not entitled for the specific performance of the said contract. This provision has been added through the Amendment Bill of 2018 and it provides that the aggrieved party has the option of substituted performance after giving notice to a third party or the agents in writing of not less than thirty days to the party in breach. recovery of money under specific relief Act

Section 20 provides for a middle way through which even if there is a breach of contract, the parties are still able to satisfy the performance of contract and the aggrieved party will not be suffering because of breach of the contract due to the cost and expense incurred being recoverable. The time period of thirty days which has been included is also very material to such cases as the parties may choose to renegotiate the contract in the meantime.

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[1] Specific Relief Act, 1963, http://www.egazette.nic.in/WriteReadData/2018/187919.pdf

[2] Ibid.

[3] Ibid.

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