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Thread: How a person can be sued for the recovery of possession of moveable property?

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    Word Icon 35px Jpg.ashx How a person can be sued for the recovery of possession of moveable property?

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    The specific relief act describes such circumstances under which a person, holding moveable property of the plaintiff without lawful justification can be sued for the recovery of such property.
    2. Relevant provisions:
    Sec. 10 and 11 specific act.
    3. Who can file suit:
    Following can file suit for recovery of the possession of moveable property.
    (i) Owner of the property.
    (ii) A trustee.
    4. Meaning of moveable property:
    Moveable property means all kinds of properties except immoveable property.
    5. Recovery of specific moveable property:
    According to Sec. 10
    " A person entitled to the possession of specific moveable property may recover the same in the manner prescribed by the code of civil procedure."

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    6. Illustration:
    A receives a letter addressed to him by B. B gets back the letter without A'S consent. A has such a property there in as entitles to recover if from B.
    7. Liability of a person in possession of moveable property:
    Sec. 11 of specific relief act deals with the circumstances which entitled the plaintiff to recover the specific moveable property itself from the defendant who is not the owner there of in cases where the property has a peculiar value or association and cannot be adequately compensated for in terms of money according to Sec. 11 "Any person having the possession or control of particular article of moveable property, of which he is not the owner, 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.
    (b) When the compensation in money would not afford the claimant adequate for thing claimed.
    (c) When it would be extremely difficult to ascertain the actual damage caused by its loss.
    (d) When the possession of thing claimed has been wrongfully transferred from the claimant.
    (a) Essentials:
    Following are the essential of Sec. 11.
    (i) Possession:
    The defendant has possession or control of the particular article claimed.
    (ii) Moveable property:
    Such article is moveable property.
    (iii) Defendant is not to owner:
    The defendant is not be owner of the article.
    (iv) Entitlement of possession:
    The plaintiff is entitled to immediate possession.
    (v) Article held of defendant as trustee:
    The thing claimed is held by the defendant as the plaintiff's agent or trustee.
    (vi) Compensation in money not adequate:
    When compensation in money would not afford adequate relief for the loss of thing claimed.
    (vii) Ascertainment of actual damage is difficult:
    Where it is extremely difficult to ascertain the actual damage caused by the loss of thing claimed.
    (viii) Wrongful transfer of possession:
    When the possession has been wrongfully transferred from the claimant.
    8. Period of limitation:
    The period of limitation u/s 10 is three years from the date when the property is wrong fully taken.
    9. Appeal:
    Order under sec 10 to the court is appealabe.
    Case law
    PLD 2001 SC 213.
    It was held an agreement to sell can not be considered as a document of title a suit for possession on basis of such document is not maintainable.
    10. Conclusion:
    To conclude I can say that, possession of specific moveable property may be recovered not only by a person entitled to its possession but also by a trustee for his beneficiary and to be so entitled. a person having the possession or control of particular article of moveable property of which he may not be the owner can be compelled specifically to deliver such articles to the person entitled to its immediate possession. suit under Sec. 11 is competent against any person except the true owner.
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    Last edited by Vuhelper; 10-03-2013 at 05:05 PM.

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