Specific Relief Act, 1877 — section 10

10. Recovery of specific moveable property. A person entitled to the possession of specific moveable property may recover the same in the manner prescribed by the Code of Civil Procedure3. Explanation 1.__ A trustee may sue under this section for the possession of property to the beneficial interest in which the person for whom he is trustee is entitled. Explanation 2.__ A special or temporary right to the present possession of property is sufficient to support a suit under this section. Illustrations

(a)A bequeaths land to B for his life, with remainder to C. A dies. B enters on the land, but C, without B’s consent, obtains possession of the title deeds. B may recover them from C.

(b)A pledges certain Jewels to B to secure a loan. B disposes of them before he is entitled to do so. A, without having paid or tendered the amount of the loan, sues B for possession of the jewels. The suit should be dismissed, as A is not entitled to their possession, whatever right he may have to secure their safe custody.

(c)A receives a letter addressed to him by B. B gets back the letter without A’s consent. A has such a property therein as entitles him to recover it from B.

(d)A deposit books and papers for safe custody with B. B loses them and C finds them, but refuses to deliver them to B when demanded. B may recover them from C, subject to C’s right, if any, under section 168 of the Contract Act, 1872 (IX of 1872).

(e)A, a warehouse-keeper, is charged with the delivery of certain goods to Z, which B takes out of A’s possession. A may sue B for the goods. 1 The original words “the Government” were first subs. by A. O., 1937 (w.e.f. 1st April, 1937) and then amended by A. O., 1949 (w.e.f. 28th March, 1949) to read as above. 2 Subs. by F. A. O., 1975, Art. 2, for “Central Government” (w.e.f. 28th July, 1975). 3 See now the Code of Civil Procedure, 1908 (Act 5 of 1908).