LawgistThe Presidency Small Cause Courts Act
43Order for possession
If the occupant does not appear at the time appointed and show cause to the contrary, the applicant shall, if the Small Cause Court is satisfied that he is entitled to apply under section 41, be entitled to an order addressed to a bailiff of the Court directing him to give possession of the property to the applicant on such day as the Court thinks fit to name in such order.
Explanation.—If the occupant proves that the tenancy was created or permission granted by virtue of a title which determined previous to the date of the application, he shall be deemed to have shown cause within the meaning of this section.
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RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY
- 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
