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Section 41 – The Presidency Small Cause Courts Act,1882

The Presidency Small Cause Courts Act,1882

Section 41. Summons against person occupying property without leave

1[Summons 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 2two] 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And such tenancy or permission has determined or been withdrawn,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.


1. S.41 has been virtually amended and supplemented in the City of Madras by Mad.Act 3 of 1921.

2. Subs. by Act 9 of 1912, s.2, for “one”

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The Presidency Small Cause Courts Act,1882

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