The interface between Section 6 SRA (recovery of possession on the basis of possession) and Section 5 SRA (recovery on title) is that
AThey are identical remedies
BSection 6 provides a SUMMARY remedy against dispossession 'otherwise than in due course of law', regardless of title; no appeal or review lies. Section 5 is the title-based remedy, with normal appellate forum. Even the true owner cannot forcibly dispossess; he must use Section 5
CSection 6 is available only to the State
DSection 5 is unavailable to private persons
Answer & Solution
Correct answer: B. Section 6 provides a SUMMARY remedy against dispossession 'otherwise than in due course of law', regardless of title; no appeal or review lies. Section 5 is the title-based remedy, with normal appellate forum. Even the true owner cannot forcibly dispossess; he must use Section 5
Section 6 protects possession as such, channelling all disputes into the courts. Limitation under Section 6 is six months from dispossession, and no second suit lies on the same cause. The provision discourages self-help — even by lawful owners.
Related questions
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