Nature of grievance

SUIT FOR POSSESSION OF IMMOVABLE PROPERTY BASED ON TITLE OR ANY INTEREST: Where a person, by virtue of any share or interest in the property, and is entitled to the possession of said immovable property, a Suit u/s 5 or 6(4) of the Specific Relief Act, 1963 r/w Article 65 of the Limitation Act, may be filed for the possession of the property on the basis of having a title or interest in the property.

Under the law, broadly, three distinct actions lie in respect of an immovable property, namely - (a) When a cloud is raised over a person’s title and he does not have a possession, a Suit for declaration and possession, with or without a consequential injunction is the remedy; (b) Where a person claims title or interest, but he is out of possession, he has to sue for possession and consequential injunction, may be alongwith declaration to his title or interest; (c) Where there is merely an interference with a person’s lawful possession or where there is a threat of dispossession, or where there is a frustration or interference in the free and full enjoyment of the property, it is sufficient to sue for an injunction simpliciter