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 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.
Legal Commentary & Landmark Judgments: Section 8
Section 8 of the Specific Relief Act, 1963 establishes the liability of any person having possession or control of a particular article of movable property, not as owner, to deliver it to the person entitled to immediate possession in four specified cases.
When seeking the return of unique items (family jewels, corporate seals, proprietary design drawings) from former partners or employees, draft prayers under Section 8, invoking the statutory presumption that monetary damages cannot compensate for the loss.