PART II SPECIFIC RELIEF · CHAPTER I RECOVERING POSSESSION OF PROPERTY

Section 8: Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession

The Specific Relief Act, 1963

Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:—

(a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff;

(b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed;

(d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff.

Explanation.—Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause (b) or clause (c) of this section, presume—

(a) that compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed, or, as the case may be;

(b) that it would be extremely difficult to ascertain the actual damage caused by its loss.

Questions on this section

4 questions in 16 of our papers cite Section 8. Try these from the free papers:

1. A leaves an old family painting with B, his agent, for safe keeping. When A asks for it back, B refuses and offers to pay its market value instead. A sues B under Section 8 of the Specific Relief Act, 1963 for delivery of the painting. A is:
2. In a suit under Section 8 of the Specific Relief Act, 1963 for an article of movable property claimed under clause (b) of that section, the court shall, unless and until the contrary is proved, presume that:

Practise questions on Specific Relief Act