Section 244 in Bihar and Orissa Public Demand Recovery Rules
244. Recovery of arrears of rent under the certificate procedure where there is record of rights - (1) When an arrear of rent accrues in respect of a Mundari Khuntkattidari tenancy for which a record of rights has been prepared under this Act or under any law in force before the commencement of this Act.
No suit shall be maintainable in any Court for the recovery of the arrear but the landlord may apply in writing to the Deputy Commissioner to sign a certificate authorizing the recovery thereof, with simple interest not exceeding twelve and-ha-half, or (in the case of money recoverable under the Cess Act, 1880) at twelve and-a-half, per centum per annum, under the Bihar and Orissa Public Demands Recovery Act, 1914.(2)Every such application shall be signed and verified by the landlord making it in the manner prescribed by Rule 1 in Schedule II to the said Act, as amended for the time being by Rules made under Section 48 thereof; and shall be chargeable with a fee of the amount which would be payable under the Court-Fees Act, 1870, in respect of a plaint for the recovery of a sum of money equal to that stated in the application as being due.(3)Upon receiving any such application the Deputy Commissioner may after making such inquiry and taking such evidence as he may consider necessary, and if he is satisfied that the arrear is due, sign a certificate, in the prescribed form stating that the arrear is due; and shall include in the certificate the fee paid under sub-section (2) and shall cause the certificate to be filled in his office.(4)The person is whose favour any such certificate is signed shall be deemed to be the certificate-holder for the amount mentioned in the certificate, and the person against whom the certificate is signed shall be deemed to be the certificate-debtor for the said amount; and all proceedings taken by the Certificate Officer for the recovery of such amount shall be taken at the instance of the first mentioned person, and at his cost and on his responsibility, and not otherwise.(5)The Bihar and Orissa Public Demands Recovery Act, 1914, and Sections 181 to 207 to this Act, such restriction and notifications (if any) as may be prescribed, shall apply to the execution and to all proceedings arising out of the execution of certificates filed under sub-section (8):Provided as follows -(a)subject to the provisions of Section 258, 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 and realization 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 bandha mortgage, that the judgment debtor has other movable property or assets, from which the sum due can be realized; or(ii)an objection, by a lessee holding under a mukarrari lease as described in Section 240, clause (a), that the land in respect of which the arrear accrued is included in his lease, and that the judgment 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 judgment-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.(6)Notwithstanding anything hereinbefore contained, the Deputy Commissioner may, in any case, by written order setting forth the reasons therefor refuse to sign a certificate as aforesaid, or stay for any specified period the execution of any certificate which has been signed.(7)An appeal from any order made under sub-section (6) shall lie as provided in Chapter XVI.II. In Sections 47 and 248 of the Chota Nagpur Tenancy Act, 1908, the words and figures "the Bihar and Orissa Public Demands Recovery Act, 1914." shall be substituted for the words and figures "the Public Demands Recovery Act. 1895."
