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Presidency Small Cause Courts Act, 1882 Chapter VII

Title: Recovery of Possession of Immovable Property

State: Central

Year: 1882

.....by virtue of a title which determined previous to the date of the application, he shall be deemed to have shown cause within the meaning of this section. Section 44 - Such order to justify bailiff entering on property and giving possession.Bar to proceedings against Judge or officer for issuing, etc., order or summons Any such order shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before the hour of six in the afternoon upon the property named therein, with such assistants as he thinks necessary, and giving possession of such property to the applicant: and no suit or prosecution shall be maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid was issued, or against any bailiff or other person by whom the same was executed, or by whom any such, summons as aforesaid was served, for the issue, execution or service of any such order or summons, by reason only that the applicant was not entitled to the possession of the property. Section 45 - Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings.Occupant may sue for compensation When.....

Transfer of Property Act, 1882 Section 76

Title: Liabilities of Mortgagee in Possession

State: Central

Year: 1882

.....the date of the tender or from the earliest time when he could take such amount out of court, as the case may be 1 [and shall not be entitled to deduct any amount therefrom on account of any expenses incurred after such date or time in connection with the mortgaged property]. Loss occasioned by his default.-If the mortgagee fails to perform any of the duties imposed upon him by this section, he may, when accounts are taken in pursuance of a decree made under this Chapter, be debited with the loss, if any, occasioned by such failure. ________________________ 1. Inserted by Act 20 of 1929, Section 40. 2. The words " on the mortgage-money" omitted by Act 20 of 1929, Section 40. 3. The word "gross" omitted by Act 20 of 1929, Section 40.

Presidency Small Cause Courts Act, 1882 Section 44

Title: Such Order to Justify Bailiff Entering on Property and Giving Possession.bar to Proceedings Against Judge or Officer for Issuing, Etc., Order or Summons

State: Central

Year: 1882

Any such order shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before the hour of six in the afternoon upon the property named therein, with such assistants as he thinks necessary, and giving possession of such property to the applicant: and no suit or prosecution shall be maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid was issued, or against any bailiff or other person by whom the same was executed, or by whom any such, summons as aforesaid was served, for the issue, execution or service of any such order or summons, by reason only that the applicant was not entitled to the possession of the property.

Transfer of Property Act, 1882 Section 62

Title: Right of Usufructuary Mortgagor to Recover Possession

State: Central

Year: 1882

In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 1 [together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], - (a) where the mortgagee is authorized to pay himself the mortgage-money from the rents and profits of the property, when such money is paid; (b) where the mortgagee is authorized to pay himself from such rents and profits 2 [or any part thereof a part only of the mortgage-money], - when the term, (if any), prescribed for the payment of the mortgage-money has expired and the mortgagor pays or tenders to the mortgagee 3 [the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided. _______________________ 1. Inserted by Act 20 of 1929, section 25. 2. Substituted by Act 20 of 1929, Section 25, for "the interest of the principal money". 3. Substituted by Act 20 of 1929, Section 25, for " the principal money".

Presidency Small Cause Courts Act, 1882 Section 45

Title: Applicant, if Entitled to Possession, Not to Be Deemed Trespasser for Any Error in Proceedings.occupant May Sue for Compensation

State: Central

Year: 1882

When the applicant, at the time of applying for any such order as aforesaid, was entitled to the possession of such property, neither he nor any person acting in his behalf shall be deemed, on account of any error, defect or irregularity in the mode of proceeding to obtain possession there under, to be a trespasser; but any person aggrieved may bring a suit for the recovery of compensation for any damage which he has sustained by reason of such error, defect or irregularity: when no such damage is proved, the suit shall be dismissed; and when such damage is proved but the amount of the compensation assessed by the Court does not exceed ten rupees, the Court shall award to the plaintiff no more costs than compensation, unless the Judge who tries the case certifies that in his opinion full costs should be awarded to the plaintiff.

Presidency Small Cause Courts Act, 1882 Section 43

Title: Order for Possession

State: Central

Year: 1882

{S.43 has been virtually amended and supplemented in the City of Madras by Mad.Act 3 of 1922.} If the occupant does not appear at the time appointed and show cause to the contrary, the applicant shall, if the Small Cause Court is satisfied that he is entitled to apply under section 41, be entitled to an order addressed to a bailiff of the Court directing him to give possession of the property to the applicant on such day as the Court thinks fit to name in such order. Explanation.If the occupant proves that the tenancy was created or permission granted by virtue of a title which determined previous to the date of the application, he shall be deemed to have shown cause within the meaning of this section.

Presidency Small Cause Courts Act, 1882 Section 49

Title: Recovery of Possession No Bar to Suit to Try Title

State: Central

Year: 1882

{Section 49 has been amended in its application to the Presidency-town of Madras by Madras Act 3 of 1927, section 2 (b).} 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.

Transfer of Property Act, 1882 Section 66

Title: Waste by Mortgagor in Possession

State: Central

Year: 1882

A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate; but he must not commit any act which is destructive or permanently injurious thereto, if the security is insufficient or will be rendered insufficient by such act. Explanation. A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one third, or, if consisting of buildings, exceeds by one-half, the amount for the time being due on the mortgage.

Transfer of Property Act, 1882 Section 72

Title: Rights of Mortgagee in Possession

State: Central

Year: 1882

.....two-thirds of the amount that would be required in case of total destruction to reinstate the property insured. Nothing in this section shall be deemed to authorize the mortgagee to insure when an insurance of the property is kept up by or on behalf of the mortgagor to the amount in which the mortgagee is hereby authorized to insure. ________________________ 1. Substituted by Act 20 of 1929, Section 37, for "When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property, he". 2. Clause (a) omitted by Act 1929, Section 37. 3. Substituted by Act 20 of 1929, Section 37, for "its preservation". 4. Inserted by Act 20 of 1929, Section 37. 5. Substituted by Act 20 of 1929, Section 37, for certain original words.

The Transfer of Property Act, 1882 Complete Act

State: Central

Year: 1882

.....for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent;] 17 ["a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation 1. "Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated:] Provided that " (1) the instrument has been registered and its registration.....