Motion for judgment in circuit court for unlawful entry or
detainer.
If any forcible or unlawful entry be made upon lands, or
if, when the entry is lawful and peaceable,the tenant shall detain
the possession of land after the right has expired, without the
consent of him who is entitled to the possession, the party so
turned out of possession, no matter what right of title he had
thereto, or the party against whom such possession is unlawfully
detained may file a motion for judgment in the circuit court
alleging that the defendant is in possession and unlawfully
withholds from the plaintiff the premises in question. (Chap. 3,
§ 8.01-124 )