Liability of person in possession, not as owner to deliver to persons entitled to immediate possession :
Section 8 lays down that 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 four cases:
(a) When the thing claimed is held by the defendant as the agent or trustee of the plaintiff, (b) when the 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. Unless and until the contrary is proved, the Court shall, in respect of any article of movable property claimed under clause (b) or (c) of this section presume that (i) compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed or as the case may be, and (ii) it would be extremely difficult to ascertain the actual damage caused by its loss.
Thus under this part of the Act, if a person, who has been dispossessed, does not bring a suit under Section 6 of the Specific Relief Act within 6 months, he may still bring a suit for recovery alleging any title to the property. But in this case, the suit may be defeated by the defendant by proving a better title.
Illustrations
(a) A, proceeding to Europe, leaves his furniture in charge of B, as his agent during his absence. B, without A’s authority, pledges the furniture to C, and C knowing that B had no right to pledge the furniture, advertises it for sale. C may be compelled to deliver the furniture to ‘A’ for he holds it as A’s trustee.
(b) Z has got possession of an idol belonging to A’s family, and of which A is the proper custodian. Z may be compelled to deliver the idol to A.
(c) ‘A’ is entitled to a picture by a dead painter and a pair of rare China vases. B has possession of them. The articles are of special character to bear an ascertainable market value. B may be compelled to deliver them to A.