Section 49 of The Presidency Small Cause Courts Act, 1882
Recovery of the possession of any immovable property under this Chapter shall be no bar to the institution of a suit in the High Court for trying the title thereto.
Summary
- Getting back possession of a property under this Chapter does not stop either party from fighting over who actually owns it.
- A person can still go to the High Court to prove their legal title or ownership of the property.
- The Small Cause Court's decision on possession is not a final ruling on ownership.
- It ensures that quick possession proceedings do not permanently strip anyone of their property rights.
Practical examples
FAQ
1. Does losing possession in the Small Cause Court prevent me from proving ownership under Section 49 of the Presidency Small Cause Courts Act, 1882?
No, Section 49 of the Presidency Small Cause Courts Act, 1882, explicitly states that recovering possession of property under Chapter VII does not prevent or bar any party from bringing a suit in the High Court to try the title or ownership of that property.
2. Which court has the jurisdiction to try the title of a property after possession is recovered under Chapter VII of the Presidency Small Cause Courts Act, 1882?
According to Section 49 of the Presidency Small Cause Courts Act, 1882, a suit to try the title of the property must be instituted in the High Court.
3. Is a possession order by the Small Cause Court considered a final decision on property ownership under Section 49 of the Presidency Small Cause Courts Act, 1882?
No, Section 49 of the Presidency Small Cause Courts Act, 1882, establishes that a possession order is not a final decision on ownership, as it allows a separate suit in the High Court to determine who holds the actual title to the property.
Test yourself
Q1.Under Section 49 of the Presidency Small Cause Courts Act, 1882, in which court can a person file a suit to try the title of the property after possession has been recovered?
Q2.Under Section 49 of the 1882 Small Cause Courts Act, what is the legal effect of a recovery of possession order on a subsequent title suit?
Q3.Under Chapter VII of the Presidency Small Cause Courts law, how does Section 49 protect an occupant who was evicted but claims to be the true owner?
Q4.How do Section 47 and Section 49 of the 1882 Presidency Small Cause Courts Act differ in how an occupant can challenge an applicant's claim?