98. Liability of occupier to pay in default of owner.
(1)If the person to whom a notice has been served under section 97 is the owner of the property in respect of which it is served, the Trust may, whether any action or other proceedings has been brought or taken against such owner or not, require the person, if any, who occupies such property or a part thereof under such owner, to pay to the Trust instead of to the owner the rent payable by him in respect of such property, as it falls due up to the amount recoverable from the owner under section 97; and any such payment made by the occupier to the Trust shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been made to the owner of the property.(2)For the purpose of deciding whether action should be taken under sub-section (1), the Trust may require an occupier of property to furnish information as to the sum payable by him as rent on account of such property and as to the name and address of the person to whom it is payable; and if the occupier refuses to furnish such information he shall be liable for the whole of the expenses as if he were the owner.(3)All money recoverable by the Trust under this section shall be recoverable in the manner provided by [Chapter XII of the City of Nagpur Corporation Act, 1948] [Substituted by M.P. Act No. XIV of 1952, section 16.].
