section 27H
The bailiff may impound or otherwise secure the property so seized in or on the house or premises chargeable with the rent.
The Provincial Small Cause Courts (Bombay Amendment) Act, 1930Civil195826 of 32 sections available
Statutory text
27I.
- (1) On seizing any property under section 27F, the bailiff shall make an inventory of such property and shall give a notice in writing in Form C in the Third Schedule to the debtor, or to any other person upon his behalf in or upon the said house or premises.
- (2) The bailiff shall, as soon as may be, file in the Court of Small Causes copies of the said inventory made, and notice given, under sub-section (1). 27J.
- (1) The debtor or any other person alleging himself to be the owner of any property seized under this Chapter, or the duly constituted attorney of such debtor or other person, may, at any time within fifteen days from such seizure, apply to the Court of Small Causes to discharge or suspend the warrant, or to release a distrained article, and the Court may discharge or suspend such warrant or release such article accordingly upon such terms as it thinks just and may give reasonable time to the debtor to pay the rent due from him : Provided that where the Court is satisfied that there is sufficient cause for extending the period within which an application may be made under this sub-section, it may extend the period to such extent as it may consider necessary.
- (2) Upon an application made under sub-section (1), the costs attending it and attending the issue and execution of the warrant shall be in the discretion of the Court, and shall be paid as it directs. 27K.
- (1) If any claim is made to, or in respect of, any property seized under this Chapter, or in respect of the proceeds or value thereof, by any person not being the debtor, the Court of Small Causes upon the application of the bailiff who seized the property, may issue a summons calling before the Court the claimant and the person who obtained the warrant.
- (2) On issuing a summons under sub-section (1), any suit which may have been brought in any other Civil Court in respect of such claim shall be stayed, and such other Court on proof of the issue of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such suit after the issue of such summons.
- (3) The Court of Small Causes shall adjudicate upon such claim as is referred to in sub-section
- (2) and make such order between the parties in respect thereof and of the costs of the proceedings as it thinks fit ; and such order shall be enforced as if it were an order made in a suit brought in such Court.
- (4) The procedure in a Court of Small Causes in cases under this section shall conform, as far as may be, to the procedure in an ordinary suit in such Court. 27L.
- (1) In any case under section 27J or section 27K, the Court of Small Causes may award such compensation by way of damages to the applicant or claimant, as the case may be, as the Court thinks fit and may for that purpose make any inquiry it thinks necessary.
- (2) The order of the Court awarding or refusing compensation under sub-section
- (1) shall bar any suit for the recovery of compensation for any damage caused by the distress. 27M.
- (1) In any case under section 27J or section 27K, if the value of the subject-matter in dispute exceeds the limits of the pecuniary jurisdiction of the Court of Small Causes, the applicant or claimant may apply to the District Court to transfer the case to itself, and the District Court, on being satisfied that it is expedient that the case should be disposed of by itself, may direct the case to be transferred accordingly, and may thereupon alter or set aside any order passed in the case by the Court of Small Causes and may make such order therein as the District Court thinks fit.
- (2) Every application under sub-section
- (1) shall be made within seven days from the date of the seizure of the subject-matter in dispute.
- (3) In granting applications under sub-section (1), the District Court may impose such terms as to payment of, or giving security for, costs or otherwise as it thinks fit.
- (4) The procedure in cases transferred under this section shall conform, as far as may be, to the procedure in suits before the District Court in the exercise of its original Civil jurisdiction ; and orders made under this section may be executed as if they were made in the exercise of such jurisdiction.
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