‘S’ a shopkeeper has kept the goods for sale on the pavement outside the shop and constructed temporary overhead shed. Flying squad of NCT of Delhi demolished the temporary construction and seized the goods from the pavement, without giving him any notice. After one year, ‘S’ filed a suit for recovery of possession of pavement against NCT of Delhi u/s 6 of Specific Relief Act, 1963. The suit is barred as filed

Under Section 6 of the Specific Relief Act, 1963, a suit for recovery of possession of immovable property based on previous possession must be filed within 6 months from the date of dispossession. Here, the suit was filed after one year, so it is clearly barred by limitation. Additionally, the suit cannot lie against the government for recovery of possession of public pavement as 'S' had no legal title over it. Both grounds make the suit maintainable.