(1) Th e Court receiv ing the deposit shall in Procedure case (a) of section 54 forthwi th forward the same by f° r paymen t postal money ord er to the ad dres s of the lan dlord ; in case (b) of tha t section it shall forthwi th cause to be deposited affixed in a consp icuous plac e at the co ur t house a notif icati on of the rec eip t the reo f an d shall cause notice to be served on every person who, the Co urt « has reason to believe, claims or is en titl ed to the de po si t; the C ourt may pay the am ount deposited as ren t to any person appeari ng to the Co ur t to be so ent itled or may ret ain it pen ding the decis ion of the * Civil Co ur t or to the person so entit led.
(2) If no paym en t is m ade un de r sub-sect ion (1) before the exp irat ion of three years from the da te on which a deposit is ma de, the am ount deposited may , in the absence of any ord er of the Civil Co ur t to the co ntr ary, be rep aid to the depositor upon his a pp lic a tion, and on his r etu rning the receipt given by the Co urt w hen the r en t was deposited.
(3) No suit or oth er proceed ing shal be ins titu ted aga inst the [G ov ernm en t]' or aga inst an y officer o f the [Go vernment ] 1 in respect of any thi ng d one by a cou rt receiving a deposit und er section 54, bu t no thi ng in this section shall preven t any person ent itle d to receive the am ount of any such deposit from reco ver ing the same from a person to whom it has bee n paid un de r this section.
Arrears of R en t
57. Wh en a ten ant is a privi leged raiyat or an L ia b il it y occupan cy r liyat. he shall not be liab le to ejectment °of for arr ea rs of rent , bu t his hold ing shall be liable to privileged sale in execution of a d ecree fo r the ren t the reo f an d raiyai’s or the r en t shall be the first charge the reon. oecupancy raiyai’s ho ld- -----------------------------------------------------------------------------------ing.
1. Subst ituted by the A .0 .1950 fo rj“ Crown”> 32 *5 Ejectment 58 . (1) When an arrear of rent remains due from other'eases?* a t e n a n t n o t being a privileged raiyat or an occupancy raiyat, at the end of the agricultural year the landlord may, whether he has obtained a decree for the reco very of the arrea r or not and whether he is entitled by the terms of any contract to eject the tenant for arrears or not, institute a suit to eject the tenant.
(2) In a suit for ejectment for an arrear or rent, a decree passed in favour of the plaintif f shall specify the amount of the arrears and of the interest (if any) due thereon ; and the decree shall not be executed if that amount and the cost of the suit are paid into Court within thirty days from the date of the decree or, if the Court is closed on the thirtieth day, on the e day on which the Court reopens.
The Court may for special reasons extend the period of thirty days mentioned in this section.
Interest on 59. An arrear of rent shall bear simple interest at arrea rs. the rate of 9 j per cent per annum from the expiration of that quarte r of the agricultural year in which the instalment falls due to the date of payment or of the institution of the suit for the recovery of the arrear, whichever date is earlier.
Power to 60. (1) If in any suit brought for the recovery of award da- the arrears of rent it appears to the Court that the r a a g e s on defendant has, without reasonable or probable cause, rc"d without n ( ,S1(-c t e d o r r e btsed to pay the amount o f rent due by reasonable111 h' m , the Court may award to the plaintiff, in addition cause, or to to the amount decreed for the rent and costs, such defendant damages not exceeding 25 per cent of the amount of improperly r e n t dec re ed as it th in ks f i t :rued for se nt.
Provided that interest shall not be decreed when damages are awarded under this section and provided also that where damages are awarded— (?) the amount of such damages shall not be less than the interest accruing up to the date of the institution of the suit, and (») interest on the arrear may be awarded from the date of the institution of the suit up to the date of payment at such rate as the Court directs.
£ 33
(2) If, in any suit brough t for the recovery of arr ea r of re nt, it appears to t he Court that the pla int iff has inst itut ed the suit withou t reasonab le or pro bable cause, the Co urt may awa rd to the def end ant , by way of damages, such sum not exceeding 25 per cent on the whole am ount claimed by the plaint iff as it think s fit.
Liability for rent on change of landlords ok A FTER TRA NSF ER OF HO LD IN G