Recovery of Rent from attached produce

33. Recovery of Rent from attached produce.—(1) If an order is made by any Court for the attachment of the produce of a tenancy or of any part of a tenancy, the landlord may apply to the Revenue-officer by whom the attachment is to be or has been made to sell the produce and pay to him out of the proceeds of the sale thereof the amount or value of — (a) any rent which has fallen due to him in respect of the tenancy within the year immediately preceding the application and (b) the rent which will be falling due after the harvesting of the produce and is chargeable against it. (2) The Revenue-officer shall give the person at whose instance the attachment was made an opportunity of showing cause why the application of the landlord should not be granted, and, if he finds the landlord’s claim to the whole or any part of the rent to be proved, he shall cause the produce or such portion thereof as he may deem necessary to be sold, and shall apply the proceeds of the sale in the first instance to satisfy the claim. (3) The finding of the Revenue-officer under sub-section (2) shall have the force of a decree in a suit between the landlord and the tenant. Where such a payment is made the Court shall forthwith cause notice of the payment to be served on the third person. Unless the third person within three months from the receipt of the notice institutes a suit against the plaintiff and therein obtains and order restraining payment of the money it shall be paid to the plaintiff on his application to the Court therefor. Nothing in this section shall affect the right of any person to recover from the plaintiff money paid to him under sub-section (3). When a defendant pays money into Court under this section, the Court shall give the defendant a receipt, and the receipt so given shall operate as, an acquittance in the same manner and to the same extent as if it had been given by the plaintiff or the third person, as the case may be.