Salim v Shatry
Salim v Shatry (Civil Appeal No. 29 of 1938) [1940] EACA 32 (1 January 1940)
The court held that the Resident Magistrate's Court had jurisdiction to entertain the suit for possession of land, as the value of the land was within the pecuniary limits prescribed by law. The nature of the action (real or personal) did not preclude jurisdiction. On the substantive issue, the court found that the Indian Transfer of Property Act, 1882, section 108(h), was the applicable law, as it was an applied Act fitting the circumstances. Mohamedan Law did not apply where an applied Indian Act was available. Under section 108(h), the lessee (respondent) could remove the hut he built duri…
Source excerpt
- Jurisdiction Of Subordinate Courts
- Applicability Of Transfer Of Property Act
- Fixtures And Tenant Rights
- Conflict Of Laws
- Mesne Profits
- Compensation For Disturbance