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

Section 6 is a summary remedy focused purely on possession, ignoring questions of title, and the Act's own wording tells us exactly what procedural route it uses.

1. Application: not the term used, Section 6 does not describe a request made within another proceeding.
2. Restitution application: restitution is a different concept tied to reversing the effects of a varied decree, not what Section 6 provides.
3. Suit: the provision itself says the dispossessed person may recover possession by suit, and even the section's heading calls it a suit by a dispossessed person.
4. Reference: this describes a court sending a matter elsewhere for a ruling, unrelated to how a dispossessed person seeks possession here.

The correct answer is Suit.

Answer 2

One clean way to answer this is to notice that Section 6 deliberately allows the dispossessed person to recover possession notwithstanding any other title that may be set up, meaning even the true owner cannot defend by pointing to their title, they must first go through the proper legal process rather than taking the law into their own hands.

1. Reference: a reference does not involve initiating a fresh claim for possession against another party, so it doesn't fit this self-help-prevention purpose.
2. Application: an application is usually a lighter, ancillary request, not the kind of full adjudicative process needed when even a claim of ownership will be set aside in favour of restoring possession.
3. Restitution application: this is tied to undoing the effects of an earlier decree, not to a fresh claim by someone dispossessed outside of any court process.
4. Suit: because the remedy is meant to be a full, independent civil action, capable of overriding even title-based defences and going to trial if necessary, this is exactly the mechanism needed to formally litigate and restore possession.

Given this purpose and the section's own wording, the dispossessed person recovers possession by Suit.