03 · Property & Real Estate
Possession & Eviction
What this covers
- 01Suits for recovery of possession
- 02Eviction of unauthorised occupants
- 03Summary recovery after recent dispossession
- 04Injunctions against dispossession
- 05Mesne profits for unauthorised occupation
How it generally works
Section 6 of the Specific Relief Act, 1963 allows a person who has been dispossessed without their consent and otherwise than by due process to recover possession through a quicker suit, if it is filed within six months of dispossession — even without proving title.
Otherwise, possession is recovered through a suit based on title. The court can also award mesne profits — compensation for the period of unauthorised occupation.
Occupants of public premises are dealt with under separate laws administered by estate officers.
