Suit by person dispossessed.(IMP)
pratik
(Querist) 12 August 2010
This query is : Resolved
6. Suit by person dispossessed of immovable property.- (1) 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.
(2) No suit under this section shall be brought-
(a) after the expiry of six months from the date of dispossession; or
(b) against the Government.
(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.
(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.
Query :
1) So as per saying of the section 6(2)(b) of the specific relief act, 1963. No suit under this section shall be brought against the government (Government includes both state & central Government). It seems as per the interpretation of the above mention section we can say that if the property sold to the govt we cannot file a suit or we cannot file a writ petition or any other petition also which are available under the indian consitution of india.
2)So also as per the section 6(3) of the specific relief act, 1963 we can say that the aggrived party don't havave the right to file any revision, review or appeal or any kind of writ petitition or any petitition allowed under the indian consitution of india.But after regarding the section 6(4) the language says we can file the appeal in any matter or any writ petition also is maintainable. so can we say exaclty that we can file a appeal under section 6(2)(b) & Sub section (4) also.
3) Also which section can override or overrule the other section how can we known that any section overrules or overrides the other section under the same act or any other act. If possible with the help of a example(S)(S).
Pls elaborate the topic in detail clearlfiy my doubt because it created more confusion also with the examples. Pls explain me in detail or any case laws. pls be make me clear that what does the section speaks & which overrides or overruels the other how to known that the section overrules or overrides the other one.
Thanks In Advance.
GOD BLESS U ALL.
