Case Law Analysis
|Gauhati High Court
Provincial Small Cause Courts Act Excludes Immovable Property Possession Suits from Jurisdiction | Gauhati HC Clarifies CPC Section 96(4) Inapplicability : GAUHC
Gauhati High Court rules that suits for possession and declaration of title over immovable property fall outside the jurisdiction of Small Causes Courts under the Provincial Small Cause Courts Act, 1887, rendering Section 96(4) CPC irrelevant regardless of valuation. This holding reinforces the exclusivity of regular civil courts for property disputes, impacting litigants and practitioners in Assam and neighboring states.