12/20/2017 Suit for recovery of any Movable Property

24th May 2015 Suit for recovery of any Movable Property

A brief Note before you proceed to article:
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances
against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and
highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False
FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts /
Tribunals, among others, may see following link https://vakeelkanumber.com/natureofgrievance.php
[https://vakeelkanumber.com/natureofgrievance.php]
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal
proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds
on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation, may see following
link https://vakeelkanumber.com/legalproceeding.php [https://vakeelkanumber.com/legalproceeding.php]
Thank you.

Proceed to article

The word property connotes everything which is the subject matter of ownership; corporeal or incorporeal; tangible
or intangible; visible or invisible; real or personal; everything that has an exchangeable value or which goes to
make up wealth or status. Property, therefore, within the constitutional framework, denotes group of rights,
inhering citizens relations to physical things as right to possess, use and dispose of, in accordance with law. The
term property has a more extensive signification and consists in free use, enjoyment and disposition of a person of
all its acquisitions, without any control or diminution, save only by laws of the land.

Property include
Pension AIR 1971 SC 1409
Cash grants AIR 1971 SC 1409
Accrued Salary AIR 1961 SC 298
Money AIR 1958 SC 328
Property law (2013) 9 SCC 319 and 363

Section 7: Recovery of specific movable property

A person entitled to the possession of specific movable property may recover it, in the manner provided by the
Code of Civil Procedure, 1908 (5 of 1908) .

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

Explanation 2: A special or temporary right to the present possession of movable property is sufficient to support a
suit under this section.

Section 7: Recovery of specific movable property:

The goods that are to be recovered must be specific and ascertainable, and if the goods are not so specific, the
claimant can get only compensation.

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12/20/2017 Suit for recovery of any Movable Property

In a Suit under this Section, it is not necessary that the Plaintiff should have been previously in possession or the
goods should have been removed from his possession. It is enough to find the right, that he has acquired a right to
present possession. Such right may arise out of title, where the Plaintiff is the owner or it may be a special or
temporary right, which may have been granted by the owner or created by law. A special right to possession when
arising out of the act of the owner may take the form of a Bailment or a lien.

Property of every description which is not immovable property is movable property.

Section 8: 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 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.

Posted 24th May 2015 by The Practice of Law

Labels: SUITS

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