THE SPECIFIC RELIEF ACT, 1877

(I OF 1877)

PART II

Of Specific Relief

CHAPTER I,

11. Liability of person in possession not as owner, to deliver to person entitled to immediate possession. Any person having the possession or control of 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 claimant;

(b) when compensation in money would not afford the claimant adequate relief for the loss of the thing claimed;

(c) when it would be extremely difficult to ascertain the actual damages, caused by its loss;

(d) when the possession of the thing claimed has been wrongfully transferred from the claimant.

Illustrations

Of clause (a)

A proceeding to Europe, leaves his furniture in charge of B as his agent during his absence. B without A's authority, pledges the furniture to C, and C knowing that B has no right to pledge the furniture, advertises it for sale, C tray be compelled to deliver the furniture, to A, for he holds it as A's trustee.

Of clause (b)

Z has got possession of an idol belonging to A's family and of which A is the proper custodian. Z may be compelled to deliver the idol to A.

Of clause (c)

A is entitled to a picture by a dead painter and a pair of a rare China vases. B has possession of them. The articles are of too special a character to bear an ascertainable market value. B may be compelled to deliver them to A.