Q when can a person be sued for the recovery of possession of specific movable property?
Q what is the liability of a person in possession of movable property, not as owner to deliver it specifically to the person entitled to immediate possession?
Q discuss with illustration the law relating to recovery of possession of moveable properties by and on behalf of the owner.
The specific relief act under section 10 and 11 deals with the circumstances under which a person holding movable property of the plaintiff without lawful justification, can be sued for the recovery of it.
Section 10 in substance form an action against wrongful detention or withholding authority coupled with the refusal to deliver on demand. It provides the means whereby a person entitled to the possession of specific movable property may obtain possession thereof. The scope of sec 10 is limited in nature and applies to moveable property only. Any property other than immovable property is a moveable property. This form of specific relief is applicable only when the goods are recoverable. That is to say that which can be identified or can be determined.
According to Salmond there are 3 distinct methods in which one may deprive another of his property.
A. By wrongly taken it: In this case the wrong doer acquire the possession which is wrongful form the beginning.
B. By wrongly detaining it: This means that the wrong doer acquires the possession rightfully but detains it wrongfully.
C. By wrongly disposing of it: In this case wrong doer neither takes it wrongfully nor wrongfully detains it but he wrongfully dispossess off causing lost to its owner.
The plaintiff need not be previously in possession of the goods as an owner nor the goods should be removed from his possession to attract his provision, but he must have a right of immediate possession. This right may arise out of ownership or it may be a special or temporary right which is granted by the owner or created by law. Example bailment, pledge is such a right created by the act of the owner.
In order to attract sec 10 the following ingredients must be necessary
1. The plaintiff must have a right of immediate possession of the moveable property.
2. Plaintiff may need not to the owner of goods. The right of immediate possession may arise out of ownership or it may be a special or temporary right created by the owner in favor of another person by way bailment or pledge.
3. The moveable property must have been taken illegally, wrongful or forcibly.
4. Such moveable property must be capable of been ascertained or identified. It will not apply if the relief is sought in respect of a sum of money or a quantity of gain.
5. There must be a demand for the recovery of such moveable property and refusal on the part of defendant. That is the property itself is recoverable, it is limited that if the property has from any cause ceased to be recoverable.
6. The suit for recovery under sec 10 must have been file within 3 years from the date of dispossession of such movable property as contain under article 49 of the limitation act.
The form of decree for delivery of moveable property is contained in order XX rule 10 C.P.C
“A person entitled for recovery of the moveable property may instead sue for the value thereof. In a suit for recovery of the movable, the court may instead of ordering delivery of property, grant a decree for an amount equal to the value of the property.”
Order XXI Rule 30 -decree for money
Order XXI Rule 31-decree for specific moveable property.
A decree for specific moveable may be executed by taking the custody of the property itself or by the detention of judgment deter or by the attachment or sale of the property other than the specific moveable ordered to be delivered, belonging to the judgment deter.
Damages how to recover: pg no 8 note no 4
Conclusion: It should be notified that under section 10 a person having a temporary or special right to possession of any movable can sue even the owner of that property can sue even the owner of that property.
