Recovery of Possession — Sections 5 & 6 — KSLU Contract 1 Notes

Recovery of Possession — Sections 5 & 6

flowchart TD
    A["Recovery of possession"]:::root
    A --> B["S.5 — suit based on TITLE<br/>(via the CPC)"]:::leaf
    A --> C["S.6 — dispossessed without<br/>consent, not by due course of law"]:::s6
    C --> D["Prove only prior possession<br/>+ wrongful dispossession<br/>(NOT title)"]:::leaf
    C --> E["Within 6 months;<br/>not against the Government;<br/>no appeal/review"]:::leaf

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    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef s6 fill:#E6FFE6,stroke:#1E8A3A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

• Section 5 — a person entitled to possession of immovable property may recover it by a suit based on title (via the CPC).
• Section 6 — a person dispossessed without consent, otherwise than by due course of law, may sue to recover possession on proof only of prior possession and wrongful dispossession — title is irrelevant. The suit must be filed within six months, not against the Government, and there is no appeal or review — a speedy remedy that upholds the rule that no one may take the law into his own hands.
• Sections 7–8 cover recovery of movable property.