All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:
30.

Recovery of Specific Immovable Property may be obtained by C.P.C within what period-

A: Within 7 months
B: Within 6 months
C: Within 8 months
D: Within 10 months

The answer is: B

Explanation

The correct option is B: Within 6 months.

This is based on Section 6 of the Specific Relief Act, 1963, which states that a person who is dispossessed without his consent of immovable property otherwise than in due course of law, may by suit recover possession thereof, but no suit under this section shall be brought after the expiry of six months from the date of dispossession. This section applies to cases where the plaintiff has been dispossessed without his consent and the issue of title is irrelevant to the proceeding. Section 5 of the same act deals with cases where the plaintiff has a title to the immovable property and can recover it in the manner provided by the Code of Civil Procedure, 1908. There is no specific time limit for filing a suit under Section 5, but the general principle of limitation would apply. Therefore, the option B is the correct answer and the other options are incorrect.