Explanation:

Section 6 - In a suit under Section 6 of the Specific Relief Act, 1963, neither the plaintiff, nor the defendant can raise the issue of title; the issue of title in such a suit is an issue which is collaterally and incidentally in issue, and not materially in issue. The issue of title is not a material issue in a suit under Section 6 of the Specific Relief Act, 1963, rather on the point of title the court is expected not to allow any hearing. Firstly, the parties are expected not to raise the issue of title and if at all the issue of title has been raised, then the court is expected not to conduct a hearing on that issue in a suit under Section 6 of the Specific Relief Act, 1963. Even if the court has heard and has finally decided that issue, that is, the issue albeit the title, then the decision on that issue will not be binding; and in any subsequent suit on the issue primarily concerning the title, if a decision is pending in the court of law then, the decision on the point of title, as was decided previously, will not operate as Res Judicata.