Article 79: (Art. 28 of the Act of 1908):
The period of limitation for a suit for compensation for an illegal, irregular or excessive distress is one year and the time of limitation runs from the date of the distress.
Image Source: 10mag.com
ADVERTISEMENTS:
Article 79 attracts a suit for compensation for illegal distress of distraint. Distress is a process whereby movable property is taken from the possession of one to secure satisfaction for a demand. It carries with it a power to sell the seized articles, if the default continued. It is an ancient and effectual remedy for recovery of rents and rates.
Distress consists in the taking without legal process of goods from the possession of the default into the hands of the person entitled to the performance or satisfaction to ensure that performance is made or satisfaction given.
In Paharia v. Suraj, (ILR (1948) 27 Pat. 680), it has been held that standing crops not being movable property the suit in respect of illegal restraint of crops by the landlord will not attract this Art. (Art. 79). Under Art. 79, the limitation period starts from the date of distress.