Section 70
Recovery of immovable property
of Subordinate Courts Act 1948
Subject to subsection (4), a Sessions Court shall have jurisdiction to hear and determine any action or suit for the recovery of immovable property, and thereupon to issue order to the proper officer of the Court to put the plaintiff in possession of the property.
(2)
In any such action or suit, there may be added a claim for rent or mesne profits and for damages arising to the plaintiff from the defendant holding over or resisting his right of possession or re-entry, and for damages for breach of any covenant, condition or agreement in relation to the premises.
(3)
(Deleted by Act A887).
(4)
Except as provided in section 71, the aforesaid jurisdiction shall not be exercised in any case where, in the opinion of the Court, there is a bona fide question of title involved and, subject to that section, recovery
*NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980.
20
of possession of any immovable property under this section shall be no bar to the institution of an action, suit or proceeding of a civil nature in the
High Court for trying the title thereto.
Jurisdiction to adjudicate on title to immovable property with consent of parties
*71. If in any action or suit before a Sessions Court, the title to any immovable property is disputed, or the question of the ownership thereof arises, the Court may adjudicate thereon if all parties interested consent;
but, if they do not all consent, the Sessions Court Judge shall apply to the
High Court to transfer the action or suit to itself.
Power to issue distress