Section 10 Recovery of Premises Act

Section 10 Recovery of Premises Act 1945 is about Institution of proceedings. It provides as follows:

(1) On the expiration of the time stated in a notice of the landlord’s intention to recover possession, if the tenant or any person holding or claiming by, through or under him, neglects or refuses to quit and deliver up possession accordingly, the landlord may apply, according to whether he is taking action in the High Court or a magistrate’s court, for the issue of a writ or enter a plaint, as in Form F, at his option either against the tenant or against the person so neglecting or refusing, in the court of the division or district, as the case may be, in which the premises are
situate for the recovery of the premises and thereupon a summons as in Form G shall issue to such tenant or person so neglecting.

(2) If mesne profits are claimed and the writ or plaint shows that the rate at which the mesne profits are claimed is the same as the rent of the premises, judgment shall be entered for the ascertained amount as a liquidated claim and if mesne profits are claimed at the rate of the rent up to the time of obtaining possession the judgment shall be extended to include that claim and shall be as in the second alternative in Form J.

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