Specific Relief Act, 1963 · Chapter I: Recovering Possession of Property
Section 8: Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession
In plain words
Someone holding a particular movable item they do not own can be ordered to hand that exact item over to the person entitled to it, in certain cases.
- When they hold it as the plaintiff's agent or trustee.
- When money would not adequately make up for losing it.
- When the actual loss would be extremely hard to measure.
- When possession was wrongfully taken from the plaintiff.
- The court presumes, unless shown otherwise, that money is not adequate and that the loss is hard to measure.
Example: A family heirloom painting is kept by a person who has no right to it. The owner can get the painting itself back, not just its price.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Explanation.—Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause (b) or clause (c) of this section, presume—
(a) that compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed, or, as the case may be;
(b) that it would be extremely difficult to ascertain the actual damage caused by its loss
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 16 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.