Section 7 of the Specific Relief Act 1950

  1. Recovery of specific immovable property

(1) Subject to subsection (2), a person entitled to the possession of specific immovable property may recover it in the manner prescribed by the law relating to civil procedure.

(2) Where a specific immovable property has been let under a tenancy, and that tenancy is determined or has come to an end, but the occupier continues to remain in occupation of the property or part thereof, the person entitled to the possession of the property shall not enforce his right to recover it against the occupier otherwise than by proceedings in the court.

(3) In subsection (2) “occupier” means any person lawfully in occupation of the property or part thereof at the termination of the tenancy.

 

Cases referred to:

 

  1. DR. HARJIT SINGH v. SUHAIMI BIN SAMAT & ANOR [1995] 1 LNS 62
  • Conduct of defendants locking plaintiff out of the premises amounted to a breach in tort in contravention of 7, Specific Relief Act1950.
  • Defendant should obtain court order before it can recover possession of the property from the plaintiff is mandatory.
  • 7(2) of the 1950 Act imposes a pre-condition of obtaining a court order before the defendant can recover possession of the property.

For the aforementioned reasons, it is submitted that a writ of possession would be a suitable option for the recovery of the property for the situation in hand. On the alternative, Section 5 (1) of the Distress Act 1951 allows the landlord may apply to a Judge for the issue of a warrant of distress for the recovery of rent due and payable to the landlord by a tenant of any premises for a period not exceeding twelve (12) completed months of the tenancy preceding the date of the application and the Judge or Registrar may make such order accordingly. However, it is to be noted that this would only be applicable to obtain arrears in rent.

 

 

 

 

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