Definition
A court decree ordering a party to deliver possession of immovable property to the plaintiff — available when the plaintiff has been unlawfully dispossessed or when they are entitled to possession under their legal title.
A decree for possession of immovable property may be sought under: (a) Section 6 of the Specific Relief Act, 1963 — a summary suit for recovery of possession by a person dispossessed from immovable property within six months of filing the suit, without needing to establish title; (b) a regular title suit where the plaintiff establishes title and seeks possession; or (c) under Order XXI Rule 35 CPC — execution of a decree for possession. Section 6 SRA is a quick remedy for recent dispossession — the plaintiff need not prove title, only that they were in possession and were dispossessed within six months. The order under Section 6 does not bar a subsequent title suit.
Statutory Definition
Section 6(1), Specific Relief Act, 1963: 'If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.' Section 6(3): 'No suit under this section shall be brought — (a) after the expiry of six months from the date of dispossession; or (b) against the Government.' Section 6(4): 'An order or judgment passed in a suit under this section is not a bar to the bringing of a suit to establish title to such property.'
Etymology & Origin
From Latin 'possessio' (possession) + 'decretum' (decree). A 'possession decree' is a judicial command that possession — the physical control over property — be transferred or restored to the person legally entitled to it.
Full Legal Analysis
Possession Decree: Restoring Physical Control of Property
Possession is nine-tenths of the law — the person in actual physical control of property has a significant advantage. When possession is wrongfully taken, the law provides swift remedies. Section 6 SRA is the speediest: a person dispossessed within six months may recover possession without even proving title — the law restores the status quo ante while the question of title is adjudicated elsewhere.
Section 6 SRA: Summary Possession Without Title
Section 6 SRA is unique because it allows recovery of possession on proof of: (a) prior possession; and (b) dispossession without consent or in violation of due process of law — without proving title. This is the common law principle that actual possession, even without title, is good against a wrongful dispossessor (though not against the true owner). The six-month limitation ensures the remedy is available only for recent, contested dispossessions. After six months, the dispossessed party must file a full title suit.
Ejectment vs. Possession Suit
(a) Ejectment: The landlord's remedy against a tenant who refuses to vacate after the tenancy ends — governed by the Transfer of Property Act and Rent Control legislation. (b) Possession suit (Section 6 SRA): Summary remedy for any wrongful dispossession — available without establishing title. (c) Title suit: A full suit where the plaintiff must establish title to the property and seek possession based on that title — available without the six-month limitation. The difference in limitation and proof requirements makes these remedies appropriate in different circumstances.
“Possession is not ownership, but it is something the law protects. A person who was in lawful possession before being wrongfully dispossessed is entitled to be restored — not because they proved they own the property, but because the law does not allow wrongful disruption of peaceful possession to go uncorrected.”
This Term in Indian Statutes
Specific Relief Act, 1963, 1963
"If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit."
Section 6 SRA: summary possession without needing to prove title — dispossession within 6 months; no suit against Government
