Schedule 3 of The Presidency Small Cause Courts Act, 1882
THE THIRD SCHEDULE FORMS A [See section 53.] In the Small Cause Court for A. B.___________ (plaintiff), Versus C.D.______________ (Defendant), A.B., of____________, in the town of___________, make oath [or affirms] and saith that C.D.__________, of____________, is justly indebted to___________in the sum of Rs.___________ for arrears of rent of the house and premises No.________________, situated at__________, in the town of______________, due for___________ months, to wit from________ to________, at the rate of Rs.___________ per mensem. Sworn [or affirmed] before me the ____________day of_____________188. Judge [or Registrar]. B [See section 54.] In the Small Cause Court for FORM oF WARRANT I hereby direct you to distrain the movable property of C.D., on the house and premises situate at No.________, in the town of _____, for the sum of ________ Rs. and the costs of the distress, according to the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882. Dated day of 18 . (Signed and sealed). To E.F., Bailiff and Appraiser. C [See section 59.] In the Small Cause Court for FORM OF INVENTORY AND NOTICE (State particulars of property seized.) Take notice that I have this day seized the movable property contained in the above inventory for the sum_______ Rs., being the amount of ______ month’s rent due to A.B. at _______ last, and that unless you pay the amount thereof, together with the costs of this distress, within five days from the date hereof, or obtain an order from one of the Judges or the Registrar of the Small Cause Court to the contrary, the same will be appraised and sold pursuant to the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882. Dated the day of 18 . (Signed) E.F., Bailiff and Appraiser. To C. D. D [See section 64.] In the Small Cause Court for Take notice that we have appraised the movable property seized on the ________ day of ______, under the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882, of which seizure and property a notice and inventory were duly served upon you [or upon on your behalf, as the case may be] under date the ______, and that the said property will be sold on the ______ [two clear days at least after the date of the notice] at ______ pursuant to the provisions of the said Act. Dated this ______ day of ________18 (Signed) E. F., G. H., Bailiffs and Appraisers. To C. D. __________ E [See section 66.] In the Small Cause Court for SCALE OF FEES TO BE LEVIED IN DISTRAINTS FOR HOUSE-RENT
Sums sued for Affidavit and Order to sell Commission Total
warrant to distrain
| Rs. Rs. | Rs. A. P. | Rs. A. P. | Rs. A. P. | Rs. A. P. |
|---|---|---|---|---|
| 1 and under 5. . . | 0 4 0 | 0 8 0 | 0 8 0 | 1 4 0 |
| 5 ” 10 . . | 0 8 0 | 0 8 0 | 1 0 0 | 2 0 0 |
| 10 ” 15 . . | 0 8 0 | 0 8 0 | 1 8 0 | 2 8 0 |
| 15 ” 20 . . | 0 8 0 | 1 0 0 | 2 0 0 | 3 8 0 |
| 20 ” 25 . . | 0 12 0 | 1 0 0 | 2 8 0 | 4 4 0 |
| 25 ” 30 . . | 1 0 0 | 1 0 0 | 3 0 0 | 5 0 0 |
| 30 ” 35 . . | 1 0 0 | 1 0 0 | 3 8 0 | 5 8 0 |
| 35 ” 40 . . | 1 0 0 | 1 8 0 | 4 0 0 | 6 8 0 |
| 40 ” 45 . . | 1 4 0 | 2 0 0 | 4 8 0 | 7 12 0 |
| 45 ” 50 . . | 1 8 0 | 2 0 0 | 5 0 0 | 8 8 0 |
| 50 ” 60 . . | 2 0 0 | 2 0 0 | 6 0 0 | 10 0 0 |
| 60 ” 80 . . | 2 8 0 | 2 8 0 | 6 8 0 | 11 8 0 |
| 80 to 100 . | 3 0 0 | 3 0 0 | 7 0 0 | 13 0 0 |
| Upwards of 100 . . | 3 0 0 | 3 0 0 | 7 per centum. | … |
The above scale includes all expenses, except in suits where the tenant disputes the landlord’s claim, and witnesses have to be subpoenaed, in which case each subpoena for sums under Rs. 40 must be paid for at four annas each, and twelve annas above that amount; and also where peons are kept in charge of property distrained, four annas per day must be paid per man. _______
Summary
- This schedule provides standard legal forms and templates used for reclaiming unpaid rent through property seizure.
- It includes templates for affidavits, which are written statements confirmed by oath, seizure warrants, inventories, and public sale notices.
- It contains a specific fee scale showing the exact costs for issuing warrants, ordering sales, and court commissions.
- It sets out additional daily expenses, such as the cost for subpoenaing witnesses, which means ordering them to attend, and paying guards to watch over seized goods.
Practical examples
FAQ
1. What forms are included in Schedule 3 of the Presidency Small Cause Courts Act, 1882?
Schedule 3 of the Presidency Small Cause Courts Act, 1882 includes Form A for rent affidavits, Form B for seizure warrants, Form C for inventories and notices, and Form D for valuation notices.
2. How long does a debtor have to pay before their seized items are sold under Schedule 3 of the Presidency Small Cause Courts Act, 1882?
According to Form C in Schedule 3 of the Presidency Small Cause Courts Act, 1882, the debtor has five days from the date of the seizure to pay the rent and costs or get a court order to stop the sale.
3. What is the daily fee for keeping a guard in charge of seized property under Schedule 3 of the Presidency Small Cause Courts Act, 1882?
Under Schedule 3 of the Presidency Small Cause Courts Act, 1882, a fee of four annas per day must be paid for each man kept in charge of the distrained property.
Test yourself
Q1.Under Schedule 3 of the Presidency Small Cause Courts Act, 1882, which form must be used by a landlord to make an oath or affirmation regarding arrears of rent?
Q2.According to Form C of Schedule 3 of the Presidency Small Cause Courts Act, 1882, within how many days must a debtor pay or obtain a court order to prevent their seized property from being appraised and sold?
Q3.Under the scale of fees in Part E of Schedule 3 of the Presidency Small Cause Courts Act, 1882, what is the cost of a witness subpoena if the sum sued for is under forty rupees?
Q4.Under Part E of Schedule 3 of the Presidency Small Cause Courts Act, 1882, what is the fee per day for each peon kept in charge of seized property?
Q5.Under Form D of Schedule 3 of the Presidency Small Cause Courts Act, 1882, what is the minimum notice period required between the date of the sale notice and the actual sale of appraised property?