Section 41:
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
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and such tenancy or permission has determined or been withdrawn,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.
Notes:
1. Subs. by Act 9 of 1912, s. 2, for "one".