Suit for Possession Under Section 6 of the Specific Relief Act, 1963
This format is intended for a person who was in possession of immovable property and was dispossessed without consent and otherwise than in due course of law. Section 6 provides a summary remedy based primarily on prior possession and unlawful dispossession; a suit under this provision must be instituted within six months from the date of dispossession.
Applicable law and official references
The plaint should state the material facts showing prior possession, the manner and date of dispossession, territorial and pecuniary jurisdiction, cause of action, valuation, court fee and the precise relief claimed. Documents relied upon should be filed in accordance with the Code of Civil Procedure and applicable court rules.
- Specific Relief Act, 1963 - India Code
- Code of Civil Procedure, 1908 - India Code
- Limitation Act, 1963 - India Code
- Supreme Court Reports judgment search - Supreme Court of India
Sample plaint for recovery of possession after unlawful dispossession
Replace all blanks with the actual facts and adapt the court description, valuation, court fee, verification, statement of truth and filing requirements to the rules applicable to the court where the suit is instituted.
IN THE COURT OF THE __________ AT __________
CIVIL SUIT NO. ________ OF 20__
IN THE MATTER OF:
Address: __________ PLAINTIFF
VERSUS
Address: __________ DEFENDANT
SUIT UNDER SECTION 6 OF THE SPECIFIC RELIEF ACT, 1963 FOR RECOVERY OF POSSESSION
MOST RESPECTFULLY SHOWETH:
1. That the Plaintiff was in actual, peaceful and settled possession of the immovable property bearing __________, situated at __________, more particularly described in the Schedule to this plaint ("Suit Property").
2. That the Plaintiff entered into possession of the Suit Property on __________ pursuant to __________ [state the basis of possession, such as lease, licence, allotment, delivery, prior occupation or other lawful/recognised basis]. A copy of the relevant document, where applicable, is filed as Annexure P-1.
3. That on __________, while the Plaintiff was in possession of the Suit Property, the Defendant dispossessed the Plaintiff without the Plaintiff's consent and otherwise than in due course of law by __________ [briefly state the acts constituting dispossession].
4. That the Plaintiff did not voluntarily surrender or deliver possession of the Suit Property to the Defendant, nor was the Plaintiff dispossessed pursuant to any decree, order or other process of law.
5. That immediately after learning of the dispossession, the Plaintiff __________ [state any complaint, written demand, notice, contemporaneous communication or other relevant step taken]. Copies of the documents relied upon are filed with the plaint.
6. That despite demand, the Defendant has failed and refused to restore possession of the Suit Property to the Plaintiff.
7. That the cause of action arose on __________ when the Plaintiff was dispossessed and continues to subsist. This suit is being instituted within six months from the date of dispossession as required by Section 6(2)(a) of the Specific Relief Act, 1963.
8. That the Suit Property is situated within the territorial jurisdiction of this Hon'ble Court. This Hon'ble Court therefore has territorial jurisdiction to entertain and try the suit. The averments necessary for pecuniary and other jurisdiction are __________.
9. That for the purposes of jurisdiction and court fee, the suit is valued at Rs. __________ in accordance with the court-fee and suits-valuation law applicable in the State/Union Territory, and the requisite court fee is being paid.
10. That the Plaintiff relies upon the documents filed with the plaint and reserves the right to seek leave of this Hon'ble Court for production of any further document in accordance with law.
PRAYER
In view of the facts stated above, the Plaintiff respectfully prays that this Hon'ble Court may be pleased to:
a) pass a decree directing restoration and delivery of peaceful and vacant possession of the Suit Property described in the Schedule below to the Plaintiff;
b) award costs of the suit in favour of the Plaintiff; and
c) grant such other or further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in accordance with law.
PLAINTIFF
THROUGH COUNSEL
__________________, Advocate
Place: __________
Date: __________
VERIFICATION
I, __________, the above-named Plaintiff, verify that the contents of paragraphs ___ to ___ are true to my personal knowledge, paragraphs ___ to ___ are based on information and records believed by me to be true, and the legal submissions are based on advice received and believed to be correct. Nothing material has been concealed therefrom.
Verified at __________ on this ___ day of __________, 20__.
PLAINTIFF
SCHEDULE OF THE SUIT PROPERTY
[Insert complete description sufficient to identify the immovable property, including municipal number/survey number, area, floor/unit, boundaries and other identifying particulars, as applicable.]
What should be checked before filing?
Confirm the exact date of dispossession, the plaintiff's possession immediately before that date, the identity and description of the property, the court having territorial and pecuniary jurisdiction, the applicable State court-fee law, and all locally required pleadings or declarations. A Section 6 action is a specialised summary remedy; where title itself must be adjudicated, a regular possession suit may be required instead.