Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession
Section 8 of the Specific Relief Act, 1963 deals with liability of person in possession, not as owner, to deliver to persons entitled to immediate possession. Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:-- (a) when the thing claimed is held by the defendant The Act came into force on 01 Mar 1964.
Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:--
(a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff;
(b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed;
(c) when it would be extremely difficult to ascertain the actual damage caused by its loss;
(d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff.
Explanation.--Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause (b) or clause (c) of this section, presume--
(a) that compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed, or, as the case may be;
(b) that it would be extremely difficult to ascertain the actual damage caused by its loss
Section 8, The Specific Relief Act, 1963 (Act 47 of 1963).
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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… Considering the fact that Artificial Intelligence ("AI") is developing every day at a fast pace, delay in getting relief would render the relief as defeated. As per mandate of Section 8 of the Specific Relief Act, 1963, the Court shall presume that the compensation in money would not afford the plaintiff adequate relief, if directions are not granted to the defendant for transfer of work product knowledge. 5.11 Learned counsel appearing for the plaintiff submits that, a conference is coming up …
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… Sometimes, those ornaments might have been misused by them without her knowledge and consent. That entrustment of gold ornaments by the wife with the husband or in-laws is in a trust, and they are liable to return the ornaments in specie, when it is demanded back as stipulated in Sections 7 and 8 of the Specific Relief Act. 13. Since the appellant/wife had specifically prayed for recovery of her gold ornaments scheduled in the petition, and the Family Court was convinced of the entrustment of the scheduled gold ornaments with the respondent/husband, there was no justification for granting the alternative …
Questions about Section 8
What does Section 8 of the Specific Relief Act deal with?
Section 8 of the Specific Relief Act is headed "Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession". Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:-- (a) when the thing claimed is held by the defendant
How do I find court cases under Section 8 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 8, section 8 Specific Relief Act, section 8 of the Specific Relief Act. People searching for it also type specific relief act section 8 and 9 and specific relief act 1877 section 8. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 8 of the Specific Relief Act come into force?
Section 8 of the Specific Relief Act, cited as Specific Relief Act 8, 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 14 Oct 2026. This page is not a substitute for legal advice.