Section 46 of The Presidency Small Cause Courts Act, 1882
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.
Summary
- It establishes that an applicant who obtains possession of a property without being legally entitled to it is not protected from being sued.
- It permits any person aggrieved by such wrongful possession to bring a civil suit against the applicant.
- It declares that merely applying for a possession order when one is not legally entitled is considered an act of trespass.
- It specifies that this act of trespass is committed the moment the application is made, even if the applicant never actually takes possession of the property.
Practical examples
FAQ
1. Does a court order protect a wrongful applicant from a lawsuit under Section 46 of The Presidency Small Cause Courts Act, 1882?
No, under Section 46 of The Presidency Small Cause Courts Act, 1882, an applicant who was not entitled to possession at the time of applying is not protected from a suit by any aggrieved person.
2. Is applying for an eviction order considered a trespass if the applicant has no right to the land under Section 46 of The Presidency Small Cause Courts Act, 1882?
Yes, under Section 46 of The Presidency Small Cause Courts Act, 1882, if the applicant is not entitled to possession, the application itself is deemed an act of trespass against the occupant, even if no possession is taken.
3. Who can sue a wrongful applicant under Section 46 of The Presidency Small Cause Courts Act, 1882?
Any person who deems himself aggrieved by the wrongful possession or application can bring a suit against the applicant under Section 46 of The Presidency Small Cause Courts Act, 1882.
Test yourself
Q1.Under Section 46 of The Presidency Small Cause Courts Act, 1882, if an applicant who is not entitled to possession files an eviction case, when is an act of trespass committed?
Q2.Under Section 46 of The Presidency Small Cause Courts Act, 1882, what protection does a wrongful applicant receive if they successfully evict an occupant under a court order?
Q3.Under the recovery of possession provisions of The Presidency Small Cause Courts Act, 1882, how do Section 45 and Section 46 differ regarding an applicant's liability?
Q4.Under Section 46 of The Presidency Small Cause Courts Act, 1882, against whom is the act of trespass deemed to be committed when an unentitled person applies for a possession order?