(1) Any tenant holding land in an estate other than a temporarily-settled estate may apply to the of Court of the Deputy Commissioner for reduction of h is holdings in rent on the ground— estates other tha n tempo rarily-se ttled .
(2) that the soil of that land has during the tenancy on the present rent become perma nently deteriorated without the fault of the tenant, and
(ii) that the tenant would have been entitled to relief under section 47 had the estate in which his holding lies been a temporarilysettled estate.
(2) On receipt of such application the Court shall proceed as if an application undersection4 7 had been received and the Court shall make a local enquiry or have a local enquiry made by the Sub-Deputy Collec tor in charge of the local area wherein the land inques tion lies in order to determine whether the tenant is entitled to a reduction of rent.
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(3) When after such an enqu iry the Court holds that the tena nt is ent itle d to a reduct ion of ren t, imay, notwithstanding anyth ing in the contract bett wee n- the part ies, dir ect such red uc tio n of re nt as i t hink3 fai r an d equit able.
Alteration n ) Every tenant shall— of rent on ' ' ’ alteration of area.
(a) be liab le to pay a dditional ren t for all land proved by mea surement to be in execs ol the area for which ren t has been pieviously paid by him ; and (i ) be ent itle d to a reduct ion of ren t in respect of any deficiency pro ved by measurem ent to exist in the are a 01 his hold ing as com pared with the «area for which rent has been previously paid by him .
(2) Where a land lord or ten an t is ab le to ind ica te any pa rticular land as being in excess or in defici t, the rent to be added or abate d (as the case m ay be) may be cal culated with reference to the rates payable by a tenant of the same class for lands of a similar descrip tion and with simi lar advanta ges in t he v icinity. Where on the oth er hand, a landlo rd or ten an t is unab le to indica te any pa rtic ula r land as b eing in excess o r in deficit, the ren t to be add ed or abate d (as the case may be) may be calculated at the average rat e of rent pa id on all the lands of the hold ing exclusive of such excess area .
Instalments 50. (I) Sub ject to a gre em ent or established usage •f rent. money tent shall be pay able in ins talme nts s imilar to those prescribed or ordered from tim e to time for the payment of r *venue of the pa rent es ta te except that an inst alment of re nt shall be payable a for tnight ear lier tha n the corr esponding ins talme nt pay able by his land lord :
Provided that the ten an t may pay or ten der the re nt payab le for the year at any tim e during the yea r before it falls due.
(2) An instalment or pa rt of an ins talme nt of rent not duly paid when it falls due shall be deemed to be an a rrear.
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