S.6 SRA | Limitation Period For Instituting Suit For Recovery Of Possession Is 6 Months: Punjab & Haryana High Court

The period of limitation prescribed for instituting a suit for recovery of possession under Section 6 of the Specific Relief Act is six months.

The bench comprising Justice Manjari Nehru Kaul was dealing with a Petition for setting aside the impugned judgment and decree passed by the trial Court under Section 6 of the Specific Relief Act for possession of suit property and permanent injunction.

In the instant case, the plaintiff was dispossessed from the suit property in the year 2009 following which, an FIR under the provisions of IPC was registered. The instant suit was instituted in the year 2013 i.e., much beyond the prescribed period of six months.

The court noted that to ascertain whether or not the suit was instituted within a period of six months from the date of dispossession, it would be pertinent to reproduce certain extracts from the plaint.

After referring to the extracts from the plaint, the court observed that although the petitioner was dispossessed of from the suit property and an FIR was registered in this regard but the instant suit was instituted beyond the prescribed period of six months.

A perusal of the above extracts reveal that as per the pleaded case of the petitioner, he was dispossessed from the suit property on 28.04.2009 and thereafter, FIR No.85 dated 08.05.2010 under Sections 447/448/380 IPC was registered at Police Station `A' Division. Amritsar in the said regard. The instant suit came to be instituted on 02.02.2013 i.e. much beyond the prescribed period of six months.

In the circumstances, the Court found no error in the impugned order passed by the learned trial Court and dismissed the instant petition.

Case Title : Charanjit Kaur v. Mukhtar Singh

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