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TypeBare Act JurisdictionCentral Government

Specific Relief Act 1963 Section 8

Liability of Person in Possession, Not as Owner, to Deliver to Persons Entitled to Immediate Possession

~1 min read
https://sooperkanoon.com/act/30799

Bare act section · Research

About this section

Specific Relief Act 1963 Section 8 is part of Specific Relief Act 1963 - Liability of Person in Possession, Not as Owner, to Deliver to Persons Entitled to Immediate Possession. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

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;

(c) when it would be extremely difficult to ascertain the actual damage caused by its loss;

(d) when the possession in 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 the thing claimed, or, as the case may be;

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

Frequently asked questions

What does Specific Relief Act 1963 Section 8 provide?

Section Section 8 of the Specific Relief Act 1963 (Liability of Person in Possession, Not as Owner, to Deliver to Persons Entitled to Immediate Possession) is reproduced on this page as part of the Specific Relief Act 1963. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Specific Relief Act 1963 Section 8?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Specific Relief Act 1963 Section 8. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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