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State of Odisha - Section

Section 156 in The Orissa Tenancy Act, 1913

156. Service of demand and notice.

(1)The distrainer shall, at the time of making the distraint, serve on the defaulter a written demand for the arrear due and the costs incurred in making the distraint, with a notice stating the grounds on which the distraint is made and containing also the following particulars, namely ;
(a)the holding in respect of which the arrear is claimed, and the boundaries thereof, or such other particulars as may suffice for its identification;
(b)the name of the tenant;
(c)the period in respect of which the arrear is claimed;
(d)the amount of the arrear, with the interest, if any, claimed thereon, and, when an amount in excess of the rent payable by the tenant in the last preceding agricultural year is claimed, the contract or proceedings, as the case may be, under which that amount is payable;
(e)the nature and approximate value of the produce to be distrained;
(f)the place where it is to be found, or such other particulars as may suffice for its identification; and
(g)if it is standing or ungathered, the time at which it is likely to be out or gathered.
(2)The said notice shall be signed and verified in the manner provided in Rules 14 and 15 in Order VI in the first Schedule to the Code of Civil Procedure, 1908 (V of 1908).
(3)Where the distrainer has reason to believe that a person other than the defaulter is the owner of the property distrained, he shall serve copies of the demand and notice on that person likewise.
(4)The demand and notice shall, if practicable, be served personally; but if a person on whom they are to be served absconds or conceals himself, or cannot otherwise be found, the distrainer shall affix copies of the demand and notice on a conspicuous part or the outside of the house in which he usually resides.