Section 41 of The Presidency Small Cause Courts Act, 1882
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person, or of some person through whom such other person claims, and such tenancy or permission has determined or been withdrawn, and such tenant or occupier or any person holding under or by assignment from him (hereinafter called the occupant) refuses to deliver up such property in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.
Summary
- An owner or applicant can apply for a court summons against an occupant who refuses to leave their property.
- This rule applies only to properties where the annual rental value does not exceed two thousand rupees.
- The occupant must have held the property as a tenant or with permission, which has now ended or been withdrawn.
- The applicant must have requested the occupant to hand over the property before applying for a summons.
- The summons requires the occupant to appear on a set day and explain why they should not be forced to return the property.
Practical examples
FAQ
1. What is the maximum property value allowed to file a summons under Section 41 of The Presidency Small Cause Courts Act, 1882?
Under Section 41 of The Presidency Small Cause Courts Act, 1882, the annual value of the immovable property at a rack-rent, which means maximum market rent, must not exceed two thousand rupees.
2. Who can apply for a summons to recover possession under Section 41 of the Small Cause Courts Act?
Under Section 41 of the Small Cause Courts Act, a person who let out the property, or granted permission, or someone they claim through, can apply once the tenancy or permission is withdrawn and the occupant refuses to leave.
3. What is the purpose of the summons issued under Section 41 of the Presidency Small Cause Courts Act?
Under Section 41 of the Presidency Small Cause Courts Act, the summons calls upon the occupant to show cause on a specific day why they should not be compelled to deliver up the property.
4. Does Section 41 of The Presidency Small Cause Courts Act, 1882 apply if the occupant entered as a trespasser from the start?
No, Section 41 of The Presidency Small Cause Courts Act, 1882 applies only when the person had possession as a tenant or by permission of another person, which has since been determined or withdrawn.
Test yourself
Q1.Under Section 41 of The Presidency Small Cause Courts Act, 1882, what is the maximum annual rack-rent value of a property for which a landlord can apply for a summons?
Q2.Under Section 41 of The Presidency Small Cause Courts Act, 1882, what must happen before a landlord can apply to the court for a summons?
Q3.Under Section 41 of The Presidency Small Cause Courts Act, 1882, what does the summons require the occupant to do?
Q4.Under Section 41 of The Presidency Small Cause Courts Act, 1882, who is defined as the "occupant"?