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Section 46: Liability of applicant obtaining order when not entitled.

The Presidency Small Cause Courts Act, 1882Central Act · Act 15 of 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.

Where this provision sits

ActThe Presidency Small Cause Courts Act, 1882
Section46
Marginal noteLiability of applicant obtaining order when not entitled.
JurisdictionCentral
StatusIn force as published by the source

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