Which of the following is true about "possession" in the context of a suit for recovery of possession…
In a suit for recovery of specific immovable property under Section 5 of the Specific Relief Act, 1963 (read with Section 113 of the Bharatiya Sakshya Adhiniyam, 2023,…
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Which of the following is true about "possession" in the context of a suit for recovery of possession under Section 5 of the Specific Relief Act, 1963?
Answer and explanation
Correct answer D
In a suit for recovery of specific immovable property under Section 5 of the Specific Relief Act, 1963 (read with Section 113 of the Bharatiya Sakshya Adhiniyam, 2023, formerly s.110 IEA), settled prior possession serves as prima facie proof of ownership/property. As recognised by the Supreme Court in Nair Service Society Ltd. v. K.C. Alexander (AIR 1968 SC 1165), possession by itself constitutes a limited (possessory) title to the property which is good against the entire world except the rightful owner who can establish a better title.
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