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No Appeal Against Decree/Order In Section 6 of Specific Relief For Recovery Of Possession

In JASWANT SINGH vs PUNJAB AGRICULTURAL UNIVERSITY, a suitwas file d by Punjab Agricultural University seeking recovery of possession from one Jaswanth Singh, was decreed by the trial court. Singh’s appeals before the first appellate court and Punjab and Haryana High Court were dismissed, not on maintainability, but on merits as also the second appeal, against which the matter was taken to the Supreme Court.

A suit under Section 6 of the Specific Relief Act is filed by a person dispossessed seeking to recover possession. Sub-section 3 clearly states that 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. 

The Supreme Court court while dismissing the SLP said that  it is surprising that in a Section 6 Suit, appeals have solemnly been filed and heard on merits. What is even more surprising is that from the first appeal dismissal, a second appeal is also filed and dismissed. We need to remind the Courts below that Section 6(3) of the Specific Relief Act, 1963 shows that the remedy under Section 6 is summary in nature and that no appeal lies.

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