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Section 52

The Assam (Temporarily Settled Districts) Tenancy Act, 1935State Act of Assam · Act 3 of 1935

(1) A land lord who, withou t reasonable Penal ty lor cause , refuses or neglec ts to gr an t a rece ipt for the r^ ‘h r h“1 c d 'n® am ount of ren t paid by his ten an t may , on the appli - # cation of the ten an t to the R evenue Court wi thin three and for fri- ' months of the da te of such pay ment, be orde red by the volous ap- Co urt to pay as compensa tion to the ten an t such sum Pli c a t 1 ° ° * no t exceeding dou ble the am ou nt or value of the rent by ‘"‘ h”’ paid as the Co ur t thinks fit.

1. Subst ituted by the A .O ., 1950 for “ Provincial Governm ent” .

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(2) If, in the course of the enq uiry, it appears to the Court th at the ten an t has ma de an app lication under this section frivolously or witho ut reas onable cause , the Co urt m ay award to the lan dlo rd by way of damages such sum not exceeding double the amount or valu e of th e ren t p aid or alleged to have been paid as the Court thinks fit.

(3) Any sum awarded as com pensation or damages under this section shall be recoverable as an arr ea r of lan d revenue.

ft

53. Where rent is due to the pro pri eto r, landrec eip t of bolder, man age r or mortgagee of an estate , the r c g i s tr ed receip t of the person whose name has been regis tered pro pri ct o r , in the genera l registe rs mainta ined under Ch ap ter IV land holder ., of the Assam Land and Revenue Regulat ion as pro- i of 1886, mcrt^gee°r Pr le t o r > lan dhold er, manag er or mo rtgagee of th at estate , or of his agen t author ised in th at beh alf , shal( be a sufficient disc harge for the r en t due to such pro pri eto r, landho lder, manag er or mortgagee , and the person liab le tor the ren t shall not be en titl ed to plead in defen ce to a claim by the person so registered that the rent is due to any third person ; bu t nothing in this section shall affec t any remedy which any such thi rd person may h >ve against the regi stered pro prie­ to r, landho lder, manag er or m ortgagee.

D epos it of R en t to'dcposiV'o" ^4. 1° a n Y ° f following cases, nam ely— re n t in c ou rt

(c) When the lan dlo rd refuses to accept any ins talm ent o f re nt payab le in cash when tendered to him by a tena nt , or when the tena nt enter tains a bona fide doub as t o who is en tit led to receive the rent payab le in cash, the tena nt may app ly, in the manner pre scr ibed, to the Revenue C ourt for permission to dep osi t in the Court a sum n ot less tha n the amoun t then due and »» the Court shall rece ive the deposit if it appears afte r exa mning the appli can t th at the app lica tion is made in goiod faith and on reason able grounds and if the app lica nt pays in case (a)— the prescribed cost of tran s­ mis sion of the money deposited to the landlo rd and in case (&)—th e fee chargeable for the issue of the notice referred to in section 56 in add itio n to the prescribed cost of transm ission of the re nt deposited .

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55. Th e Court receiving th - deposit sh all give a R e c e i p receipt for it und er its seal. The rece ipt so given shall ope rate as an acq uit tan ce of the am ount of rent pay- ren t deposited able by the ten ant and depos ited as aforesaid in the to be a valid same m anner a r.d to the sam e extent as if th at amount acquitt anc e, of re nt had been received by his land lord .

Where this provision sits

ActThe Assam (Temporarily Settled Districts) Tenancy Act, 1935
Section52
JurisdictionState of Assam
StatusIn force as published by the source

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