Section 46

Liability of applicant obtaining order when not entitled.

The Presidency Small Cause Courts Act, 1882

  • Act 15 of 1882
  • Ministry of Law and Justice
  • Department of Justice
About this Act

An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency-towns.

All sections
    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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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