The term detinue is derived from the French word ‘detenue’ which means ‘to hold back’. The tort of detinue involves interests in individual property and may be used to protect viable interests in goods and other chattels. It is a legal action where the plaintiff having an absolute right in goods, seeks to recover it from another who is in actual possession and refuses to redeliver them. Detinue can be distinguished from trespass from the fact that in a case of detinue the defendant is in actual possession of the goods while trespass can be committed to the goods, which are in possession of the plaintiff. In India, means to recover specific movable properties has been incorporated in the Specific Relief Act, 1963. In England, Torts (Interference with Goods) Act, 1977 has abolished the concept of detinue and acts of detinue now fall under the category of tort of conversion.
Conversion (or Trover) is the intentional and wilful interference with any chattel whereby the plaintiff is deprived from the use and possession of it. It is an interference with another's ownership of property. The essence of conversion is not benefit to the wrongful taker but damage or loss on part of the rightful owner. At the time of conversion the plaintiff must have a right of property in the thing along with the possession of the same or have the right of immediate possession. Even a temporary possession is sufficient to commit the tort of conversion.
The remedy for the tort of conversion is damages for the full value of the goods at the time and place of such conversion
