The Distress Act 1875, 1 of 1875 (Rep., Act 15 of 1876)

Section 10. In pursuance of the warrant aforesaid the property bailiff shall seize the moveable property found i

Repealed or not in force · As amended up to 2026-08

10. In pursuance of the warrant aforesaid the property bailiff shall seize the moveable property found in or which be seiz~d upon the house or premises mentioned in the wazrant and belonging to the person from whom the rent is claimed (hereinafter called the debtor), or such, part thereof as may in the bailiff's judgment be sufficient to cover the amount of the said rent, together with the costs of the said distxess. be seiz~d Provided that the bailiff shall not seize- (a) things in actual use ; or (6) tools and implements not in use, where there is other moveable property in or upon the house or premises sufficient to cover such amount and costs ; or (c) the debtor's necessary wearing apparel ; or (d) goods in the custody of the law. 11. The bailiff may impound or otherwise secure Ivlpoondinp the property so seized in or on the house or premises dietress, chargeable with the 12. On seizing any property under section ten, Inventory. the bailiff shall make an inventory of such property and shall give a notice in writing to the effect of the Notice of Form in the first schedule hereto annexed (marked C) '"t!"d;dn;pto the debtor, or to any other person upon his behalf and sale. in or upon the said house or premises. The bailiff shall, as soon as may be, file in the Copies of inventory Court of Small Causes copies of the said inventory and notioe to and notice. be filed. 13. The debtor, or any other person alleging Ap$ioation himself to be the owner of any property seized under to discharge or suspend this Act, may, at any tinie within five days from ,arrant+ such seizure, apply to any Judge of the said Court to discharge or suspend the warrant, or to release a distrained article, and such Judgc may discharge or 1 I i i / 1 I f 1 1 f i i `4` ' suspend such warrant or release such article accordingly, upon such terms as be thinks just, and any of the Judges of the said Court may in his discretion give reasonable time to the debtor to pay the rent due from him. Upon any such application, the costs attending it and attending the issue and execution of the warrant shall be in the discretion of the Judge, and shall be paid as he directs. Claim to 14. If any claim be made to, or in respect of, goods distrained made any property seized under this Act, or in respect of b~astranger. the or value thereof, by any person not being the debtor, the Chief Clerk of the Court of Small Causes, upon the application of the bail8 who seized the property, ma37 issue a summons calling before the Court the claimant and the person who obtained the warrant. And thereupon any suit which may have been brought in the High Court in respect of such claim shall be stayed, and any Judge of the High 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. And a Judge of the Court of Small Causes shall adjudicate upon such claim and make such order between the parties in respect thereof and of the costs of the proceedings as he thinks fit ; and such order shall be enforced as if it were an order made in a suit brought in such Court. The procedure in Courts of Small Causes in cases under this section shall conform, as far as may be, to the procedure in an ordinary suit in such Courts. 15. I n any case under section thirteen or section fourteen the Judge by whom the case is heard may award such compensation by way of damages to the applicant or claimant (as the case may be) as the Judge thinks fit, Power to award coruper~sation to debtor claimant. and may for that purpose make any enquiry he tlliults necessary ; ;111cl G and the order of the Judge awarding or refusing such compensation shall bar any suit. in respect of injury caused by the distress. 16. I n anv annlication under section thirteen or Power to any claim ~;de;~section fourteen, if the value of t'a""fe' High Coart High Coart Coart the subject-matter in dispute exceeds one thousand cases involvrupees, the applicant or ciaimant may apply to the F;B_$: High Court to transfer the case to itself, and the l,ooo. High Court on being satisfied that it is expedient that the case should be disposed of by itself, may direct the case to be transferred accordia~lv. and " V ' may thereupon alter or set aside any order passed in the case by a Judge of the Court of Small Causes, and may ma& such order therein as tlie High Court thinks fit. t'a""fe' High Coart High Coart Coart cases involv, F;B_$: - Every application under this section shall be made within seven days from the date of the seizure of the subject-matter ih dispute. In granting applications under this section, the High Court may impose such terms as to payment of, or giving security for, costs or otherwise as it thinks fit. The procedure in cases transferred under this section shall conform as far as may be to the procedure in suits before the H i ~ h Court in the exercise of its ordinary original civil jurisdiction ; and orders made under this section may be executed as if they were made in the exercise of such jurisdiction; and every such order awarding or refusing compensation shall bar any suit in respect of injury caused by the distress which gave rise to the case wherein sucli order was made.

Source: India Code