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 Procedure . 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.

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