DISTRESSESCentral

Section 68 of The Presidency Small Cause Courts Act, 1882

No distress shall be levied for arrears of rent except under the provisions of this Chapter. Penalty for making illegal distresses. — and any person, except a bailiff appointed under section 51, levying or attempting to levy any such distress, shall, on conviction before a Presidency Magistrate, be liable to be punished with fine which may extend to five hundred rupees and with imprisonment for a term which may extend to three months, in addition to any other liability he may have incurred by his proceedings.

Summary

This section strictly outlaws any rent-related property seizures that do not follow the rules of this specific Chapter of the Act.
It declares that only a legally appointed court bailiff is allowed to levy or carry out a property seizure for unpaid rent.
Any other person who attempts to seize property for unpaid rent commits an offense.
Convicted offenders face a fine of up to five hundred rupees, imprisonment for up to three months, or both, as determined by a Presidency Magistrate.
This criminal penalty is in addition to any other civil or legal liabilities the offender may have triggered by their illegal actions.

Practical examples

1In Bombay in 1884, a landlord named Rajesh gets angry that his tenant Anand is three months behind on rent. Instead of going to court, Rajesh and his cousin march into Anand's apartment and carry away Anand's brass pots as payment. Anand complains to the police, and Rajesh is brought before a Presidency Magistrate. Rajesh is convicted of making an illegal distress under the Act and is sentenced to pay a four hundred rupee fine.

2An unlicensed private debt collector, Amit, is hired by a landlord to seize furniture from a defaulting tenant. Amit is not an appointed court bailiff. Even though Amit does not succeed in taking the furniture because the tenant locks the doors, his attempt to levy the distress is illegal under Section 68. He is prosecuted and sentenced to one month of simple imprisonment.

FAQ

1. Can a landlord personally seize a tenant's goods for unpaid rent under Section 68 of the Presidency Small Cause Courts Act, 1882?

No, under Section 68 of the Presidency Small Cause Courts Act, 1882, no rent distress can be levied except by an appointed bailiff following the specific procedures of this Chapter. A landlord who personally seizes goods is committing an offense.

2. What is the maximum punishment for making an illegal distress under Section 68 of the Small Cause Courts Act?

Under Section 68 of the Small Cause Courts Act, the maximum punishment is a fine of up to five hundred rupees, imprisonment for up to three months, or both.

3. Who has the authority to try and convict someone for making an illegal distress under Section 68 of the Presidency Small Cause Courts Act?

Under Section 68 of the Presidency Small Cause Courts Act, a Presidency Magistrate has the authority to try and convict individuals for making illegal distresses.

4. Who is legally allowed to execute a rent distress under Section 68 of the Small Cause Courts Act?

Under Section 68 of the Small Cause Courts Act, only a bailiff appointed under Section 51 of the Act is legally permitted to levy a distress for rent arrears.

Test yourself

Q1.Under Section 68 of the Presidency Small Cause Courts Act, 1882, what is the maximum fine a person can face for levying an illegal distress?

Q2.Who is the only official authorized to execute a distress for rent arrears, as cross-referenced by Section 68 and Section 51 of the Small Cause Courts Act?

Q3.Which judicial officer has the authority to convict and sentence an offender for making an illegal distress under Section 68 of the Presidency Small Cause Courts Act?

Q4.Under Section 68 of the Small Cause Courts Act, what is the maximum term of imprisonment that can be imposed for levying an illegal distress?

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