(5)The Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914) and Sections 181 to 207 of this Act, with such restriction and modifications (if any) as may be prescribed, shall apply to the execution, and to all proceedings arising out of the execution of certificate filed under sub-section (3):Provided as follows :-(a)subject to the provisions of Section 248, a certificate signed under this Section may be enforced only by the attachment and sale of the movable property of the person against whom the certificate is made, or by the attachment realisation of rent or other debts due to him or by execution against his person in the manner provided by Chapter XVI, or by any two or more of these processes; and(b)no objection by any third person to the attachment or sale of crops shall be entertained, except,-(i)an objection by a mortgagee holding under a 'bhugut bandhal mortgage', that the judgement-debtor has other movable property or assets, from which the sum due can be realised; or(ii)an objection by a lessee holding under a 'Mukarrari lease' described in Section 240, clause (a), that the land in respect of which the arrear accrued is included in his lease and that the judgement-debtor has other movable property or assets from which the sum due can be realised; or(iii)an objection, by a cultivator, that he is in possession of the land in respect of which the arrear accrued, that the land is recorded in the record-of-rights as being in the possession of himself or of some person from whom he has lawfully acquired such possession, and that the judgement-debtor has other movable property or assets from which the sum due can be realised; or(iv)an objection, by such third person, that the land on which such crops were or are standing is entered in the record-of-rights as being in the possession of himself or of some person from whom he has lawfully acquired possession, and that such land does not form part of the tenancy in respect of which the certificate was signed.
