Suit by person dispossessed of immovable property 

section 6 

section 6 (1) can provide that if any person is dispossessed without his consent of the movable property otherwise than Due course of law he or any person through whom he has been in possession or any person claiming through him may by suit recovery position they are notwithstanding anything other title that may be set up in such suit.

 Essential Ingredients-

1 There must be immovable property

2. Person must be dispossessed from immovable property

3  such dispossession must be without his consent

4 Set dispossession must be without the due process of law

5 The suit must be filled within 6 months from the date of dispossession

Who may sue ? (After 2018 amendment )

1. The person dispossessed.
2. The person  through whom he has been in possession.
3. Person claiming through him.

Section 6 (2) -/ Exception of section 6

1.Provides that no suit under this section shall be brought after expiry of 6 months from the date of dispossession

2.Against the government.

3. Dispossessed with consent

4. Dispossessed with due process of law.

5. Suit after expiry of 6 months.

Section 6 (3) Forbids any appeal or review from any order or decree passed in any suit instituted under this section.

Revision can be done under section 115 Of CPC.

BURDEN OF PROOF- The burden of proof lies on plaintiff.

OBJECT– Major object behind section 6 is to restrain any person from using force in dispossessing any person otherwise than due process of law it provides a summary remedy

Section 6 does not involve any enquiry into title. Therefore even if the defendant has a better title than the plaintiff he cannot forcefully evict him.

It is essential that on the date of eviction the plaintiff must have a judicial possession. He must not be a trespasser. 

It is an exception to Res Judicata

Other similar provisions- Article- 300 A and Section 145 of CrPC