- Where an arrear of rent is due to the landlord of a raiyat or under-raiyat, and has not been due for more than a year, and no security has been accepted therefor by the landlord, the landlord may, in addition to any other remedy to which he is entitled by law, recover the arrear under the provisions of this Chapter, by distraining, while in the possession of the cultivator -(1)any crops or other products of the earth standing or ungathered on the holding; and(2)any crops or other products of the earth while have been grown on the holding and have been reaped or gathered and are deposited on the holding or on a threshing-floor or place for treading out grain, or the like, whether in the fields or within a homestead:Provided that no distraint shall be made-(i)by a proprietor or manager, as defined in the Land Registration Act, 1876 (Ben. Act VII of 1876) or a mortgagee of such a proprietor or manager, unless his name and the extent of his interest in the land in respect of which the arrear is due have been registered under that Act; or(ii)by a Sub-proprietor, bazyaftidar, or tenure-holder, unless his name and the extent of his interest in the land in respect of which the arrear is due have been -(a)registered under Sections 14, 15 or 16, or under any law previously in force; or(b)record in a record-of-rights finally published under Chapter XI or under some other law for the time being in force; or(iii)by an agent employed in the collection of rent, unless he is expressly authorised by power of attorney in that behalf; or(iv)for the recovery of any sum in excess of the rent payable for the holding in the preceding agricultural year, unless that sum is payable under a written contract or in consequence of a proceeding under this Act or an enactment hereby repealed; or(v)where the holding or any part of the holding of a raiyat has been sub-let with the written consent of the landlord in respect of the produce of such holding or part; or(vi)where the holding or any part of the holding of a bazyaftidar raiyat has been sub-let in respect of the produce of such holding or part.
