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Section 7: Recovery of specific movable property

Specific Relief Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 1963
Section 6 All 44 Sections of Specific Relief Act Section 8

Legal Commentary & Landmark Judgments: Section 7

Section 7 of the Specific Relief Act, 1963 governs the recovery of specific movable property, entitling a person entitled to the immediate possession of specific movable property to recover it in the manner provided by the Code of Civil Procedure, 1908.

  • Right to Immediate Possession: A person entitled to the immediate possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908.
  • Special or Temporary Right: Explanation 1: A trustee, bailee, or pawnee having a special or temporary right to present possession may maintain a suit under this section.
  • Compelling Specific Delivery: Explanation 2: A person with whom property was deposited without consideration may also recover possession.
  • Alternative Decree Form: Decree under Order XX Rule 10 CPC directs delivery of the specific movable property, or in default, payment of assessed value.
Key Landmark Precedents:
  • State of Gujarat v. Memon Mahomed Haji Hasam, AIR 1967 SC 1885: The Constitution Bench held that the State as bailee of seized movable property is legally bound to return the specific chattel or its value to the rightful owner under Section 7.
  • Pushkar Singh v. State of M.P., AIR 1953 SC 508: Discussed the right of immediate possession over specific chattels and currency notes.
Courtroom Practice & Strategic Litigation Guidance:

In suits for recovery of unique movable assets (rare machinery, corporate shares, historical heirlooms, artwork), plead immediate possessory title under Section 7 and pray for specific delivery rather than monetary compensation.

Section 6 All 44 Sections of Specific Relief Act Section 8