Liability of person distraining where no rent due

If any distress aforesaid is made by virtue or under colour of this Act for rent pretended to be in arrear and due where in truth no rent is in arrear or due to the person distraining or to him in whose name or right the distress is taken as aforesaid, then the owner of the goods or chattels distrained, his executors, administrators and assigns, shall and may, by action to be brought within three months after the date of the distress against the person so distraining, his executors or administrators, recover double the value of the rent claimed and distrained for, together with full costs of the suit.