Recovery of possession of dispossessed immovable property :

The Act provides another relief under Section 6 for the recovery of possession of immovable property where the claim is based merely on ‘possession’. Section 6 provides that if any person is dispossessed without his consent, of immovable property otherwise than in due course of Law, he or any person claiming through him may by suit recover possession thereof, notwithstanding any other title that may be set up in such suit. There are two restrictions; no suit under Section 6 shall be brought (i) after the expiry of 6 months from the date of dispossession, or (ii) against the Government. Under Sub-section (3) no appeal or review is allowed of any order of decree passed under this Section. Sub-section (4) allows a person to file a suit to establish his title to such property and recover possession thereof.

The object of these provisions is to discourage people from taking the law into their own hands. The Sections provide a speedy and summary remedy through a medium of Civil Court for restoration of possession to the dispossessed. Section 5 thus provides for a suit for ejectment on the basis of title and Section 6 gives a remedy without establishing title provided the suit is brought within 6 months of the date of possession. The object of Section 6 is to discourage forcible dispossession and to enable the person dispossessed to recover possession by merely providing previous possession and wrongful dispossession without proving title (Lachman v. Shambu Narain, ILR (1911) 33 ALL 174). A suit under Section 6 is maintainable between landlords and tenants. Heirs are also entitled to sue for recovery of possession.