(a) Main Ingredients of Section 8 of the Specific Relief Act, 1963 are as follows:

(1) The defendant has possession or control of the particular article claimed.

(2) Such article is movable property.

(3) The defendant is not the owner of the article.

(4) The person claiming, that is, the plaintiff, is entitled to immediate possession.

(5) The thing claimed is held by the defendant as the plaintiff’s agent or trustee (for example: a person, while going abroad, leaves his furniture under the care of his friend, the friend is a trustee of those articles

 

and is bound to return them when demanded; if friend pledges the furniture, the pledgee will also remain subject to the same trust and similarly bound to return to the owner when demanded by him); or,

When compensation in money would not afford plaintiff adequate relief for the loss of the thing claimed (for example: when the idol of a family temple is in the custody of a retired priest, he is bound to return it to the family); or,

When it is extremely difficult to ascertain the actual damage caused by the loss of the thing claimed (for example: when articles of rare value, like original paintings of a deceased painter are in the possession of another; since they are articles of irreplaceable nature and their market value is of unascertainable nature, the owner has a right to recover them in specie); or,

When the possession of the thing claimed has been wrongfully transferred from the claimant/plaintiff (by virtue of force, fraud, theft, coercion etc.)