(i) that the productive powers of the land held by the tenant have been decreased due to any action of the landlord or due to any cause beyond the control of the tenant during the currency of the present tenancy; or
(ii) that the area of the tenant's holding has been decreased by diluvion, or by acquisition for public purpose ; or
(iii) that the revenue rate payable by his landlord to the State Government in respect of the tenant's holding has decreased.
Procedure for reduction of rent.
32. A tenant desiring any reduction of rent or any one or more of the grounds mentioned in section 31 may apply to the Deputy Commissioner stating the specific ground on which the claim for reduction rests. The Deputy Commissioner shall thereupon make the necessary enquiry and may, for this purpose, cause an inspection of the land by a Revenue Officer, and shall thereafter pass such orders as deemed fit.
Date of effect. 33.
Enhancement or reduction of rent, as the case may be, will take effect from the date of the order of the Deputy Commissioner.
14 When rent is due for payment.
34. (1) Cash-rent shall become due for payment a fortnight earlier than the corresponding land revenue which is payable by his landlord becomes due for payment, or where such landlord is not liable to pay the revenue, would have become payable had it been assessed to revenue.
(2) Crop-rent shall become due for delivery within 60 days from the date of harvesting the crop.
Arrear of rent. 35. Rent not paid when it falls due shall be deemed to be an arrear.
Rent-suit. 36.
No arrear of rent shall be realisable otherwise than by a rent-suit filed in the competent Civil Court. The procedure for such rentsuit shall be according to the provisions of the Civil Procedure Code, 1908 and the plaint shall, in addition to matters mentioned in rules 1, 2, 4, 5 and 6 and sub-rule (2) of Rule 9 of Order VII in the first Schedule to Code of Civil Procedure, 1908, specify the area of the land to which the suit relates and where fields are numbered in the village papers, the number and area of each field and, in suits for arrears, the amount of the yearly rent which is payable. Where the land to which the suit relates does not form one or more fields numbered in the village papers the plaint shall contain a sufficient description of the land and its boundaries.
Rent receipt.
37.
(i) Every tenant who pay his rent shall be entitled to obtain forthwith from his landlord a written receipt signed by the landlord or his authorised agent.
(ii) The receipt shall contain a description of the land for which the rent has been paid, the total amount of rent due, the amount of rent in cash or the quantity of rent in kind that has been paid and the year for which it has been paid ,
(iii) If a receipt does not contain substantially the above particulars, it shall be presumed, until the contrary is shown, to be a full acquittance of the rent due from the tenant.
(iv) When a landlord or his agent, without reasonable cause, fails to deliver to the tenant a receipt as required by the foregoing sub-sections, the land-lord shall be liable to pay as compensation to the tenant a sum not exceeding two hundred rupees for each default.
15 Deposit of cash rent or money rent.
38. (1) When a landlord refuses to accept any rent when tendered to him by a tenant or when the tenant is in bonafide doubt as to who is entitled to receive the rent, the tenant may make an application to the Revenue Officer in the prescribed manner seeking permission to deposit the cash rent or money rent as the case may be along with the cost of transmission, and fee for notice.
(2) The Revenue Officer, if satisfied after enquiry in the prescribed manner, as to the bonafide of the circumstances preventing the tenant from paying the rent to his landlord, shall accept the amount tendered and issue a receipt thereof. The receipt shall be deemed to be a valid discharge of the rent actually deposited by the tenant.
(3) In cases of refusal to accept the rent the Revenue Officer shall remit the rent deposited by the tenant by Money Order to the last known address of the landlord.
(4) In other cases the Revenue Officer shall cause a notice about the fact of deposit of rent in his office fixed in a conspicuous place and also to be served on any person whom he has reason to believe, is entitled to deposit. He shall thereafter proceed to hear the person or persons interested in the manner prescribed and if there is no dispute, the Revenue Officer shall cause immediate payment. In cases of dispute as to the person or persons who are entitled to receive the rent, the amount shall be kept tn deposit in a Government Treasury and the dispute shall be referred to a Civil Court having jurisdiction and the amount shall then be paid in terms of the final decision of the Court.
CHAPTER VIII Sale for arrear under decree Sale of a holding for arrear of rent in certain cases.
39. (1) Where the unsatisfied rent-decree relates to arrear rent in respect of a holding of any occupancy tenant, he shall not be liable to ejectment for such arrear. But his holding shall be liable to sale in execution of the unsatisfied rent-decree and the landlord shall, instead of filing a suit for ejectment, submit an application, accompanied with the rent-decree to the competent Civil Court for attaching and putting the holding of the defaulting tenant to sale, and the decree for rent shall be satisfied out of the proceeds of the sale.
(2) Notwithstanding anything contained in the Civil Procedure Code, 1908, or any other law for the time being in force, the procedure for attaching and selling the holding of the defaulting tenant shall be according to the provisions hereinafter following.
Attachment and proclamation of sale.
40. The competent Civil Court, on receipt of the application of the landlord, shall issue an order of attachment of the holding and also a proclamation of sale of the same.
16 Manner of publication of sale of proclamation.