Specific Relief Act
The two sections give alternative remedies and they are mutually
exclusive. A plaintiff cannot combine the remedies provided by both
the sections in the same suit. Moreover, a plaintiff failing in suit
under Section 6 can take recourse under Section 5, but a person
failing in a suit under Section 5, will not be allowed to sue under
Section 6 of the Act. Thus, where a plaintiff sues for possession on
the basis of title and fails to establish title he will not be allowed to
have recourse to Section 6 and be allowed to sue for possession even
if he proves dispossession within 6 months of institution of the
suit. [Rudrappa v. Narsinghrao, (1905) 29 Bom 213]can anyone explain it?
Answers
Answered by
1
Specific Relief Act:
The Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated
Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood and providing relief of a specific kind rather than a general relief or damages or compensation.
Hope it helps
Similar questions