In case of any immovable property, ownership is very important. The primary indication of ownership is possession of the property. According to the law possession means the physical or actual control over the property and the will to control all aspects of such property. Possession of immoveable property can be legally held by the title holder (owner) or by other than the title holder (lease, tenant etc.). The owner or title holder of an immovable property can file a suit for recovery of possession under section 8 of the Specific Relief Act, 1877. The time limitation for filing such suit is 12 years. On the other hand, the person other than the owner or title holder of an immovable property can file a suit for recovery of possession under section 9 of the Specific Relief Act, 1877. The time limitation for filing such suit is 6 months.
We succesfully represented a lot of suit for recovery of possession on behalf of our client.