Section 47 of The Presidency Small Cause Courts Act, 1882
Whenever on an application being made under section 41 the occupant binds himself, with two sureties, in a bond for such amount as the Small Cause Court thinks reasonable, having regard to the value of the property and the probable costs of the suit next hereinafter mentioned, to institute without delay a suit in the High Court against the applicant for compensation for trespass and to pay all the costs of such suit in case he does not prosecute the same or in case judgment therein is given for the applicant, the Small Cause Court shall stay the proceedings on such application until such suit is disposed of. If the occupant obtains a decree in any such suit against the applicant, such decree shall supersede the order (if any) made under section 43. Nothing contained in section 22 shall apply to suits under this section.
Summary
- It allows a property occupant facing eviction to halt the proceedings by providing a financial guarantee.
- The occupant must find two people to act as sureties and sign a bond for a reasonable amount set by the court.
- The occupant must promise to quickly file a lawsuit in the High Court against the applicant for trespass.
- If the occupant wins the High Court lawsuit, that decision cancels any eviction order issued by the Small Cause Court.
- The normal restrictions on receiving legal costs in the High Court do not apply to this specific lawsuit.
Practical examples
FAQ
1. How can an occupant stop eviction proceedings under Section 47 of the Presidency Small Cause Courts Act, 1882?
An occupant can stop eviction proceedings under Section 47 of the Presidency Small Cause Courts Act, 1882, by binding themselves with two sureties in a bond for a reasonable amount set by the court, promising to immediately sue the applicant in the High Court for trespass and pay all costs if they lose.
2. Does a successful High Court suit under Section 47 of the Presidency Small Cause Courts Act, 1882, overwrite an eviction order?
Yes, if the occupant wins the High Court suit against the applicant, that decree will completely supersede and cancel any possession order made under Section 43 of the Presidency Small Cause Courts Act, 1882.
3. Do the cost limitations of Section 22 apply to a High Court suit filed under Section 47 of the Presidency Small Cause Courts Act, 1882?
No, Section 47 of the Presidency Small Cause Courts Act, 1882, explicitly states that nothing in Section 22, which normally limits or denies costs for filing certain suits in the High Court, applies to suits brought under Section 47.
Test yourself
Q1.Under Section 47 of the Presidency Small Cause Courts Act, 1882, how many sureties must an occupant find to bind themselves in a bond to stay eviction proceedings?
Q2.What type of lawsuit must the occupant promise to bring in the High Court to obtain a stay of proceedings under Section 47 of the 1882 Small Cause Courts Act?
Q3.If an occupant successfully obtains a High Court decree against the applicant under Section 47 of the Presidency Small Cause Courts law, what is the legal effect on a possession order?
Q4.Which provision of the 1882 Presidency Small Cause Courts Act is explicitly declared not to apply to suits brought by an occupant under Section 47 of the Act?