✏️ Sample Solved Problem (IRAC Method) — KSLU Contract 1 Notes

✏️ Sample Solved Problem (IRAC Method)

Problem: A landlord, impatient with his tenant, throws out the tenant’s belongings and locks the gate, without any court order. The tenant, in settled possession, seeks to recover possession. The landlord pleads that he is the true owner. Decide.

I — Issue

Whether a person in settled possession, forcibly dispossessed by the owner without due process, can recover possession, and whether the owner’s title is a defence.

R — Rule

• Section 6, Specific Relief Act, 1963 — a person dispossessed without his consent otherwise than in due course of law may recover possession notwithstanding any other title, on proof only of prior possession and wrongful dispossession, by a suit filed within six months.
• The owner’s remedy is to sue under Section 5 on title — never to use force; “no one may take the law into his own hands.”

A — Analysis

The decoy is the landlord’s ownership, which tempts the conclusion that an owner may evict his tenant. He may not — not by force. Section 6 deliberately excludes the question of title: the only issues are whether the tenant was in settled possession and was dispossessed without his consent and otherwise than by due course of law. Both are satisfied — the landlord used self-help (throwing out belongings, locking the gate) rather than a court order. The tenant therefore recovers possession even against the true owner, who must pursue his title separately under Section 5.

C — Conclusion

The tenant succeeds under Section 6 and recovers possession (suit within six months); the landlord’s ownership is no defence to a Section 6 action. The landlord must establish his title by a separate Section 5 suit — force is never a substitute for due process.

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