Sections 5-6 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 5 says a person entitled to possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908. Section 6 gives a person who has been dispossessed without consent, and otherwise than in due course of law, a suit to get possession back within six months, whatever title the other side sets up.
This article follows the consolidated text of the Act consulted (amendments shown up to Act 18 of 2018). Later amendments should be checked before you rely on any provision.
Under section 5, the owner or other person entitled to possession recovers property through the Code of Civil Procedure, 1908. Under section 6, a person dispossessed without his consent and otherwise than in due course of law may sue to recover possession, notwithstanding any other title set up. The suit cannot be brought after six months from the date of dispossession or against the Government, there is no appeal and no review, and a suit on title remains open.
Section 5: recovery of specific immovable property
Section 5 is one sentence: "A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908)."
Three things follow from the wording.
First, the property must be "specific immovable property", a particular piece of land, building or similar property, not a general claim. Second, the person must be "entitled to the possession". The section does not say the person must be the owner; what counts is the entitlement to possession. Third, the Act itself does not lay down the procedure: it sends the reader to the Code of Civil Procedure, 1908. This article names no rule or Order of that Code because the Act names none. For the procedure of instituting a civil suit, see our post on suits, institution, parties and cause of action under the CPC.
A landowner whose land is occupied by someone without right, and who holds title, proceeds under section 5. If you are in that position and want the matter assessed, you can talk to our dispute resolution team.
Section 6: the suit by a person dispossessed
Section 6(1): the right to sue
Section 6(1) reads in full: "If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person through whom he has been in possession or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit."
Break it into parts:
- "dispossessed without his consent": the person must have lost possession and must not have agreed to it.
- "otherwise than in due course of law": the dispossession was not carried out through a lawful process. Both conditions must be met.
- Who may sue: the dispossessed person, "any person through whom he has been in possession", or "any person claiming through him".
- "notwithstanding any other title that may be set up in such suit": the defendant cannot defeat the suit merely by showing that he, and not the plaintiff, has a better title.
The footnote shows that the words "through whom he has been in possession or any person" were inserted by Act 18 of 2018, section 2, with effect from 1 October 2018. The text consulted does not print what the sub-section read before that, and this article does not describe it.
An invented illustration: Anil Sharma occupies a godown under an arrangement with its owner. One night, without any order or notice, a third party breaks the lock and takes over. Anil did not consent, and no lawful process was followed. Section 6(1) lets Anil sue to get possession back, even if the third party claims a title to the godown.
Section 6(2): two bars
"No suit under this section shall be brought— (a) after the expiry of six months from the date of dispossession; or (b) against the Government."
The six months is the period the Act itself prints for this suit. For how this compares with the longer periods for suits based on title or on previous possession, see our Limitation Act article on possession of immovable property, adverse possession and landlord and tenant. The second bar means the section 6 suit cannot be brought against the Government.
Section 6(3): no appeal, no review
"No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed." Because of this, a party who loses a section 6 suit cannot go in appeal and cannot seek review of that decree. For the ordinary appeal route in other suits, see our post on first appeal and second appeal under the CPC.
Section 6(4): title is not shut out
"Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof." A section 6 decree does not decide who the owner is. The loser may still file a suit to establish title and recover possession. In effect, the section 6 suit settles who must have possession for now, and the question of title can be fought separately.
| Sub-section | Rule | Key words |
|---|---|---|
| 6(1) | Dispossessed person (or one through or claiming through him) may sue to recover possession | Without consent; otherwise than in due course of law; notwithstanding any other title |
| 6(2)(a) | Time bar | Six months from the date of dispossession |
| 6(2)(b) | No suit against the Government | Bar on the defendant |
| 6(3) | Appeal and review | None allowed |
| 6(4) | Title suit | Not barred |
Section 5 and section 6 side by side
| Point | Section 5 | Section 6 |
|---|---|---|
| Who | Person entitled to possession | Person dispossessed without consent and not in due course of law, or one through or claiming through him |
| Does title matter? | The claim rests on the entitlement to possession | Title set up by the defendant does not defeat the suit |
| Time | The Act prints no period for this section | Six months from dispossession |
| Appeal | The section is silent | None; no review either |
For a suit under section 5, the period of limitation is a matter for the Limitation Act, 1963 and should be checked there; the Specific Relief Act prints none for it.
Practical points
Keep proof of the date on which you lost possession, because the six months run from that date. Keep any record showing that you did not consent: a complaint, a message, a notice. Remember that a section 6 decree does not decide ownership, so if title is disputed, consider the separate suit that section 6(4) preserves. The wider provisions on injunctions, covered from section 36 onwards, are a different remedy with their own conditions.
The next provisions deal with movable property: see sections 7-8.
Need help with a dispossession?
If you have lost possession of property and the days are running, the first task is to date the dispossession and decide between a section 6 suit and a suit on title. Our team can look at your documents and options so that the step you choose matches the facts.
Key takeaways
- Section 5 sends a person entitled to possession of specific immovable property to the Code of Civil Procedure, 1908.
- Section 6(1) lets a person dispossessed without consent and otherwise than in due course of law sue to recover possession, notwithstanding any other title.
- The suit cannot be brought after six months from dispossession or against the Government.
- No appeal and no review lies in a section 6 suit.
- A suit to establish title and recover possession is not barred.
Read next
- Sections 7-8 of the Specific Relief Act, 1963: recovery of specific movable property
- Sections 3-4 of the Specific Relief Act, 1963: savings and relief only for individual civil rights
- Limitation Act, 1963: possession of immovable property and adverse possession
Disclaimer: Based on a consolidated text of the Specific Relief Act, 1963 showing amendments up to the Specific Relief (Amendment) Act, 2018 (in force from 1 October 2018), as consulted on 2 October 2026. Later amendments, notifications under the Act and the law of limitation should be checked. This article is general information, not legal advice; check the official text before acting.