In force · As amended up to 2026-08
53. Application for distress-warrant. —Any person claiming to be entitled to arrears of rent of any house or premises to which this Chapter extends, or his duly constituted attorney, may apply to any Judge of the Small Cause Court, or to the Registrar of the Small Cause Court, for such warrant as is hereinafter mentioned.
The application shall be supported by an affidavit or affirmation to the effect of the form (marked A) in the Third Schedule hereto annexed.
STATE AMENDMEMT
Maharashtra
Amendment of section 53 of Act XV of 1882 .—In section 53 of the principal Act,--
(a) the first paragraph shall be numbered as sub-section (1) of that section and to sub-section (1) as so numbered, the following proviso shall be added, namely:--
"Provided that before making an application such person shall give 15 days' notice to the person liable to pay the arrears of rent making a demand of the said arrears."
(b) the second paragraph shall be numbered as sub-section (2) of that section and in sub-section (2) as so numbered, after the words "The application" the words, brackets and figure "made under sub-section ()" shall be inserted.
[ Vide Maharashtra Act XXXV of 1961, s. 3]
Source: India Code