THE SPECIFIC RELIEF ACT, 1877

(I OF 1877)

PART I

Preliminary

PART II

Of Specific Relief

CHAPTER I,

10. Recovery of specific movable property. A person entitled to the possession of specific movable property may recover the same in the manner prescribed by the Code of Civil Procedure.

Explanation 1. A trustee may sue under this section for the possession of property to the beneficial interest in which the person for whom he is trustee is entitled.

Explanation.11. A special or temporary right to the present possession of property is sufficient to support a suit under this section.

Illustrations

(a) A bequeaths land to B for his life, with remainder. to C, A dies. B enters on the land, but C, without B's consent, obtains possession of the title‑deeds. B may recover them from C.

(b) A pledges certain jewels to B to secure a loan. B disposes of them before he is entitled to do so. A without. having paid or tendered the amount. of the loan, sues B for possession of the jewels. The suit should be dismissed, as A is not entitled to their possession, whatever right lie may have to secure their safe custody.

(c) A receives a letter addressed to him by B. B gets back the letter without A's consent. A has such a property therein as entitles him to recover

it from B.

(d) A deposits books and papers for safe custody with B. B loses them and C finds them bill refuses to deliver them to B when demanded, B may recover them from C, subject to C's right, if any, under Section 168 of the Contract Act, 1872 IIX of 1872).

(e) A. a warehouse‑keeper, is charged with the delivery of certain goods to Z, which B takes out of A :s possession. A may sue for the goods.