Under The Specific Relief Act, 1963, any person having the possession or control of a particular article of movable property, of which he is not the owner, may not be compelled specifically to deliver it to the person entitled to its immediate possession, in which of the following cases?

Solution

Section 8 of Specific Relief Act 1963 Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession—Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:— (a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff; (b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed; (c) when it would be extremely difficult to ascertain the actual damage caused by its loss; (d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff.