LawgistThe Presidency Small Cause Courts Act
46Liability of applicant obtaining order when not entitled
Nothing herein contained shall be deemed to protect any applicant obtaining possession of any property under this Chapter from a suit by any person deeming himself aggrieved thereby, when such applicant was not at the time of applying for such order as aforesaid entitled to the possession of such property.
Application for order in such case an act of trespass.—And when the applicant was not, at the time of applying for any such order as aforesaid, entitled to the possession of such property, the application for such order, though no possession is taken thereunder, shall be deemed to be an act of trespass committed by the applicant against the occupant.
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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
