Cap. 16 Art. 1491Rights of party to exchangeincaseof eviction.

(1) A party to an exchange who has suffered the eviction of the thing which he has received in exchange, may at his option, either demand damages, or recover the thing given by him.

(2) Where such party elects to recover the thing, he may, if the thing is an immovable, maintain an action for the recovery of the thing even against a third party in possession thereof; and he shall take it back free from any burden or hypothec with which the other party to the exchange or the third party in possession may have charged it:

Provided that in regard to any lease made in good faith and on fair conditions, the provisions of article 1530 shall apply.