LL.B.(Hons.) and BJS Exam Preparation: Differences Between Section 8 and Section 9 of the Specific Relief Act, 1877.

 Differences Between Section 8 and Section 9, Specific Relief Act, 1877.

A brief note on the differences between Section 8 and Section 9 of the Specific Relief Act, 1877 concerning the recovery of immovable property is provided below:

Feature	Section 8: Recovery of specific immoveable property	Section 9: Suit by person dispossessed of immoveable property
Basis of Suit	Based on the title (legal ownership or superior proprietary right) and the right to present possession.	Based solely on prior physical possession and illegal dispossession.
Nature of Suit	A regular suit for possession, often involving a declaration of title.	A summary remedy that avoids an investigation into the title of the parties.
Limitation Period	The general limitation period for recovery of immovable property based on title applies, which is typically 12 years from the date of dispossession/when the possession of the defendant becomes adverse.	Must be filed within six months from the date of dispossession.
Defense Permitted	The defendant can set up any defense, including their own title to the property.	The defendant cannot plead a superior title; the only question is whether the plaintiff was dispossessed without consent otherwise than in due course of law.
Remedy against Government	A suit can be filed against the Government.	A suit cannot be brought against the Government.
Appeal/Review	Orders or decrees are subject to appeal and review like any other civil suit.	No appeal or review lies from any order or decree passed in a suit under this section.
Alternative Remedy	The decree is conclusive between the parties on the question of title (if title was also in issue).	A party who loses a suit under Section 9 is not barred from subsequently bringing a regular suit under Section 8 to establish their title and recover possession.

Key Takeaway

Section 8 of the Specific Relief Act, 1877 is the long-term remedy for a true owner to recover property based on their legal title, whereas Section 9 of the Specific Relief Act, 1877 is the quick, temporary remedy designed to prevent people from taking the law into their own hands by illegally dispossessing a person who was in recent peaceful possession, irrespective of who the true owner might be.

 Prepared by-

Nazmul Hasan

Senior Judicial Magistrate

Professional Highlights

• Senior Judicial Magistrate, 11^th  Bangladesh Judicial Service (BJS)
• Merit Position: 7^th  in the 11th BJS

Academic Qualifications

• LL.B. (Hons.) – First Class First, University of Rajshahi
• LL.M. – First Class, University of Rajshahi

Honors & Achievements                                                                                             

• Prime Minister Gold Medalist – 2017
• Agrani Bank Gold Medalist for Academic Excellence – 2023

Author’s E-book: A Guide to Excelling in the 18th BJS Exam

Nazmul Hasan is also the author of the e-book "Comprehensive Strategy for Excelling in the 18th Bangladesh Judicial Service Examination". This pioneering work is the first-ever e-book in Bangladesh dedicated to BJS exam preparation. The book has been widely praised and attracted a large number of candidates, providing them with effective strategies, valuable insights, and a structured approach to excel in the challenging BJS examination.