Repealed or not in force · As amended up to 2026-08
77. Stranger claiming to be landlord and to have right of distress to be made a party.
78. Suit for illegal distress.
SECTION.
79. Suit for illegal act of distrainer.
80. Suit for distress or sale falsely purporting to be under this Act.
81. Procedure in case of resistance to distress.
82. Punishment of offender.
CHAPTER VII.
JURISDICTION OF THE COURTS.
Suits cognizable.
83. Suits cognizable under this Act.
Grades of Courts.
84. Grades of Courts for the purposes of this Act.
77. Whenever property has been distrained for an arrear of rent, and a suit has been instituted to contest the demand, and the right to distrain for such arrear is claimed by or on behalf of any person other than the distrainer, on the ground of such other person being actually and in good faith in the receipt and enjoyment of the rent of the land, such other person shall be made a party to the suit, and the question of the actual receipt and enjoyment of the rent by him before and up to the commencement of the suit shall be enquired into, and the suit shall be decided according to the result of such inquiry:
Provided that the decision of the Court shall not affect the right of any person having a title to the rent of the land, to establish such title in a Court of competent jurisdiction, by suit instituted within one year from the date of the decision.
Source: India Code