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Report No. 3

145. Article 3.-

Article 3 provides a period of limitation of six months for the summary remedy to recover possession of land provided by section 9 of the Specific Relief Act. Whether section 9 of the Specific Relief Act should be retained or repealed is one of the questions to be considered when dealing with that Act. It seems to us an unnecessary provision resulting in multiplicity of suits. Any order made under that provision is not final as even if the plaintiff recovers possession the unsuccessful defendant can institute a regular suit to establish his title and get back possession of the land. The section does not serve the purpose of preventing a breach of the peace for which provision already exists in section 145 of the Criminal Procedure Code. Whoever fails in proceedings under that Code has necessarily to institute a suit to establish his right.

The necessity, therefore, for this provision is not obvious. The provisions of the Criminal Procedure Code are adequate to prevent breach of the peace. For recovery of possession by a person having only a possessory title our proposal in respect of Article 142 will be more than sufficient to protect the trespasser's possession as against another trespasser. We, therefore, recommend the deletion of Article 3. On this topic also our colleague Dr. Sen Gupta takes a different view which he has stated in a note appended to the Report. Notwithstanding the considerations stated in that note we are of the view that section 9 of the Specific Relief Act, does not serve any useful purpose and that Article 3 should be deleted.



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