possession of immoveable property..!!!

Querist : Anonymous (Querist) 08 January 2011 This query is : Resolved
what is the requisite criteria or the requirements for the plaintiff to file a suit for possession in the civil court ???
i.e. whether he has to be in possession or not prior filing of suit?? etc.....

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niranjan (Expert) 08 January 2011
Naturally pltff. when files suit FOR possession he could not be in possession.But if he is in possession he has to file suit for permanent injunction.

Parveen Kr. Aggarwal (Expert) 08 January 2011
For filing a suit for possession, the plaintiff has to plead and prove that he has some claim or right enforceable under the law which entitles him the possession of that property.

Kirti Kar Tripathi (Expert) 09 January 2011
I agree with Mr. Praveen. unless one has legal right over the immovable property, how can he claim the possession. When the said property is not in his possession he has to file the suit for possession.

Advocate Bhartesh goyal (Expert) 09 January 2011
Yes,Person who claims the possession of property must have a legal right over the property and that property should not be in his possession.

Querist : Anonymous (Querist) 09 January 2011
what i want to ask is in the context of .. about sec. 5 and 6 of the specific relief act...

Parveen Kr. Aggarwal (Expert) 10 January 2011
Even in a suit for possession under section 6 of the Specific Relief Act, 1963, the plaintiff has to plead and prove that he was having possession of the immovable property and that he has been dispossessed therefrom without his consent and otherwise than in due course of law.

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