Recovery of specific immovable property
Section 5 of the Specific Relief Act, 1963 deals with recovery of specific immovable property. A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908). The Act came into force on 01 Mar 1964.
A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).
Section 5, The Specific Relief Act, 1963 (Act 47 of 1963).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Tresa Correia vs Chandralekha James Anthony and 2 ORS
Court's Decision & Legal Precedent
When a tenant or person claiming through a tenant takes the sole defense of denying the landlord's title during the continuation of tenancy, such defense is barred under Section 116 of the Indian Evidence Act, 1872 (now Section 122 of Bharatiya Sajshya Adhiniyam, 2023). In such circumstances, the bare denial of the landlord's case without raising any other substantial and valid defense amounts to deemed admission of the jural relationship between landlord and tenant, and the court is entitled to pass judgment on admission under Order XII Rule 6 of the Code of Civil Procedure, 1908, without requiring full trial.
On this section: Recovery of possession of immovable property - basis for plaintiff's claim to recover possession of the suit flat
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… > any interest therein based on title and the limitation is 12 years from the date when possession of the land becomes adverse to the plaintiff……………….." (v) The arguments of Learned Additional Advocate General regarding Section 6 of the Specific Relief Act are not tenable in view of the provisions of Section 5 of the Specific Relief Act. The object of Section 6 of the Specific Relief Act is to provide a special and speedy remedy for a particular kind of grievance, to replace in possession a person who has been evicted, from immovable property of which he had been possessed otherwise than by process of law. The Section …
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… Seetharam reported in ILR 1995 KAR 1683 , wherein, this Court held that the plaintiff to stand on own legs not on weakness of defendant's case – Allegation in plaint coupled with principal or main relief claimed determines nature of suit & forum. Further, held that under Section 5 of the Specific Relief Act, a person who has been deprived of his immoveable property or its possession can file a suit for recovery of that property and possession thereof claiming the decree for possession of the property on the basis of his title even. Also discussed Section 6 of the Act, for diligent ness of the …
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… The Court must go that extra mile against a wrongful party in possession. That judgment, therefore, considered that Section 5 prevails over Section 6 if the owner of the suit property sued U/s.6 since both the Sections 5 & 6 of the Specific Relief Act are in fact for recovery of property. The suit on title, which is filed only by the owner of the suit property, must get precedence over only possession that the owner claims upon the case of being dispossessed without his consent. Of course, if a party is only in possession but is not …
Questions about Section 5
What have the courts held on Section 5 of the Specific Relief Act?
Tresa Correia vs Chandralekha James Anthony and 2 ORS (13 Jul 2026) is the leading judgment on this section among those set out below: Recovery of possession of immovable property - basis for plaintiff's claim to recover possession of the suit flat.
How do I find court cases under Section 5 of the Specific Relief Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Specific Relief Act 5, section 5 Specific Relief Act, section 5 of the Specific Relief Act. People searching for it also type specific relief act 5 and 6. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Tresa Correia vs Chandralekha James Anthony and 2 ORS (13 Jul 2026).
When did Section 5 of the Specific Relief Act come into force?
Section 5 of the Specific Relief Act, cited as Specific Relief Act 5, came into force on 01 Mar 1964, having been enacted on 13 Dec 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 12. Specific performance of part of contract391 words
- 28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed382 words
- 15. Who may obtain specific performance330 words
- 13. Rights of purchaser or lessee against person with no title or imperfect title309 words
- 26. When instrument may be rectified292 words
- 20. Substituted performance of contract269 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.