Recovering possession of property — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. A suit under Section 5 of the Specific Relief Act to recover immovable property is based on:

   • Prior possession only
   • The strength of title (correct answer)
   • Government notification
   • Registration alone

   Explanation. Section 5 is the ordinary title suit — the plaintiff must succeed on the strength of his own title, in the manner provided by the CPC.

2. Under Section 6, a suit to recover possession must be filed within:

   • 12 years
   • 3 years
   • 6 months (correct answer)
   • 30 days

   Explanation. Section 6(2)(a) requires the suit to be filed within six months of dispossession — a very short window.

3. In a suit under Section 6, the defendant:

   • May raise his own title as a complete defence
   • May not raise title as a defence, notwithstanding any other title set up (correct answer)
   • Must always lose
   • May counter-sue for damages only

   Explanation. Section 6(1) expressly excludes title as a defence — the only question is whether the plaintiff was dispossessed without consent and without due process.

4. A suit under Section 6 of the Specific Relief Act cannot be filed against:

   • A private landlord
   • The Government (correct answer)
   • A trespasser
   • A tenant

   Explanation. Section 6(2)(b) bars a suit under this section from being brought against the Government.

5. From an order or decree passed in a Section 6 suit:

   • An appeal always lies
   • No appeal or review lies (correct answer)
   • Only a review lies
   • A fresh Section 6 suit lies

   Explanation. Section 6(3) bars both appeal and review from an order or decree in a Section 6 suit.

6. In Lallu Yeshwant Singh v. Rao Jagdish Singh, the Supreme Court held that:

   • A person with good title may forcibly evict someone in settled possession
   • Even a person with good title cannot forcibly evict someone in settled possession (correct answer)
   • Possession suits are barred by limitation after 6 years
   • Only registered owners can sue for possession

   Explanation. The Court held that even a rightful owner cannot use force to evict someone in settled possession — the remedy is to go to court, not to self-help.

7. Under Section 8, a non-owner in possession can be compelled to deliver specific movable property when:

   • He is a good-faith purchaser
   • Compensation in money would not be adequate relief for its loss (correct answer)
   • The property is worth less than ₹1 lakh
   • The owner has passed away

   Explanation. Section 8(b) allows this where money compensation would not adequately compensate for the loss of the specific thing.

8. Which sub-section of Section 6 preserves a person's right to file a separate title suit even after losing a Section 6 possessory suit?

   • Section 6(1)
   • Section 6(2)
   • Section 6(3)
   • Section 6(4) (correct answer)

   Explanation. Section 6(4) makes clear that nothing in the section bars a person from filing a separate suit to establish title and recover possession on that basis.