Recovery of specific movable property :
A person is entitled to recover the possession of specific movable property in the manner provided by the Code of Civil Procedure, 1908. (Section 7)
Explanation 1: A trustee may sue for possession of movable property of which he is a trustee. The term ‘trustee’ includes every person holding property in trust.
Explanation 2: A special or temporary right to the present possession of movable property is sufficient to support a suit under this section.
Illustrations
(a) A bequeaths land to B for his life, with remainder to C. A dies, B enters on the land, but C, without B’s consent, obtains possession of the title deeds, B may recover them from C.
(b) A pledges certain jewels to B to secure a loan. B disposes of them before he is entitled to do so. A, without having paid or tendered the amount of the loan, sues B for possession of the jewels. The suit should be dismissed, as A is not entitled to their possession, whatever right he may have to secure their safe custody (See Donald v. Suckling (1866) L.R. 1 Q.B. 585).
(c) A receives a letter addressed to him by B. B gets back the letter without A’s consent. A has such a property therein as entitles him to recover it from B (Oliver v. Oliver (1861) 11 C.B.N.S. 139).
(d) A deposits books and papers for safe custody with B. B losses them and C finds them, but refuses to deliver them to B when demanded. B may recover them from C, subject to C’s right, if any, under Section 168 of the Indian Contract Act, 1872.
(e) A, a warehouse-keeper, is charged with the delivery of certain goods to Z, which B takes out of A’s possession. A may sue B for the goods.
An action in detinue would lie only for some specific article of movable property capable of being recovered in specie and of being seized and delivered up to the winning party. Section 7 lays down that a person entitled to the possession of specific movable property may recover the same in the manner prescribed by the Civil Procedure Code. A trustee or a person having a special or a temporary right to the present possession may also file a suit under this section.