Section 28 — Procedure when produce is under attachment.

(1) If the produce of the holding on which the arrear is due is under attachment by order of a Civil Court, the landlord may apply to the Court to sell the produce and pay to him out of the proceeds of the sale thereof the amount or value of-- (a) any rent which has fallen due to him in respect of the holding within the year immediately preceding the application ; and (b) the instalment of rent falling due next after the time at which in the ordinary course of agriculture the produce would be harvested. And the Court, if on inquiry it finds the landlord’s claim to the whole or any part of the rent to be proved, shall sell the produce or such portion thereof as it may deem necessary, and shall apply the proceeds of the sale, in the first instance, to satisfy the claim. (2) The finding of a Court on an inquiry under this section shall have the force of a decision in a suit between the parties.

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