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Pravesh DabasAdvocate Delhi, India

03 · Property & Real Estate

Possession & Eviction

This area concerns recovering possession of property from people who occupy it without right, and defending against wrongful dispossession.

What this covers

  1. 01Suits for recovery of possession
  2. 02Eviction of unauthorised occupants
  3. 03Summary recovery after recent dispossession
  4. 04Injunctions against dispossession
  5. 05Mesne profits for unauthorised occupation

How it generally works

Section 6 of the Specific Relief Act, 1963 allows a person who has been dispossessed without their consent and otherwise than by due process to recover possession through a quicker suit, if it is filed within six months of dispossession — even without proving title.

Otherwise, possession is recovered through a suit based on title. The court can also award mesne profits — compensation for the period of unauthorised occupation.

Occupants of public premises are dealt with under separate laws administered by estate officers.