A person who is not the owner possesses or controls a specific movable article. Which circumstance, taken by itself, is NOT a ground under section 8 of the Specific Relief Act, 1963, to compel…
Question and options
A person who is not the owner possesses or controls a specific movable article. Which circumstance, taken by itself, is NOT a ground under section 8 of the Specific Relief Act, 1963, to compel delivery to the person entitled to immediate possession?
The defendant does not hold the article as the claimant's agent or trustee.
Money would not adequately compensate the claimant for losing the article.
The actual damage from loss of the article would be extremely difficult to determine.
Possession of the article was wrongfully transferred from the claimant.
Answer and explanation
Section 8 allows specific delivery in four cases. These include holding as agent or trustee, inadequate monetary compensation, extreme difficulty in determining actual damage, and wrongful transfer of possession from the claimant. The absence of an agency or trust relationship does not by itself decide whether a different ground applies.
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