41Summons against person occupying property without leave
When any person has had possession of any immovable property situate within the local limits of the Small Cause Court's jurisdiction and of which the annual value at a rack-rent does not exceed 1[two] thousand rupees, as the tenant, or by permission, of another person, or of some person through whom such other person claims,
and such tenancy or permission has determined or been withdrawn,
and such tenant or occupier or any person holding under or by assignment from him (hereinafter called the occupant) refuses to deliver up such property in compliance with a request made to him in this behalf by such other person,
such other person (hereinafter called the applicant) may apply to the Small Cause Court for a summons against the occupant, calling upon him to show cause, on a day therein appointed, why he should not be compelled to deliver up the property.
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1. Subs. by Act 9 of 1912, s. 2, for "one".
- 41 Summons against person occupying property without leave
- 42 Service of summons
- 43 Order for possession
- 44 Such order to justify bailiff entering on property and giving possession
- 45 Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings
- 46 Liability of applicant obtaining order when not entitled
- 47 Stay of proceedings on occupant giving security to bring suit against applicant
- 48 Proceedings to be regulated by Code of Civil Procedure
- 49 Recovery of possession no bar to suit to try title