(1) Ne ither the ten ant nor his l and lord shall, Rig ht to as such, be ent itled to preven t the oth er from makin g m a k e im * an imp rovement in respect of the holding except on Pr o v e m e n ts* the grou nd that he is wil ling to make it himself.
(2) If both the ten an t and his landlo rd wish to make the same improvem ent , the tena nt shal l have a pri or right to mak e it unless it effects anoth er hold ing or oth er holdings under the same landlo rd.
36 S t f s t f s 6 S - <‘ > A may, by app lica ’ion to such imp r o v e - r e v e n u e °ffi c e r a s the [Stale Governme nt]1 may ments. appoint for a particular area, register any improve ment which he has lawfully made or which has been lawfully made at his expense.
(2) The applicat ion shall be in such form, shall contain such information and shall be verified in such manner as the [State Governm ent] 1 from time to time prescribes.
(3) The officer receiving the application may reject it if it has not been made within twelve months—
(c) in the case of improvements made before the commencement of this Act from the commencement of this Act, (f>) in the case of improvements made after the commencement of this Ac t from the date of the completion of the work.
(4) If the application is not rejected under the foregoing clause the officer shall issue notice on the tenant concerned, take such evidence as may be adduced by the landlord and the tenant, and make a local inquiry.
(5) Improvements effected before the commence ment of this Act shall be deemed to be improvements made in accordance with this Act and such of them as pertain to holdings lying in estates settled for ordinary or special cultivation otherwise than at full rates of revenue shall, until the contrary is proved, be presumed to have been made by tenants.
(6) The officer shall refuse to register the improvement unless it is proved that the improvement was effected by, or a t the expense of the landlord.
Compenn* 69. (1 ) Every tenant who is ejected from his tion for te- holding shall be entitled to compensation for improvenant’s uh- m ents which have been made in respect thereof in provements. a c c o r dance with this Act by him, or by his predecessors in interest, and for which compensation has not already been p aid.
^Substituted by the A.O . 1950 for “ Provincial Government” , 37r ' (2) Whenever a Court makes a decree or order for the e jectmen t of a ten an t it shall de termine the am ount of compensat ion (if any) due under this section to the ten ant fo r improvements, and shall mak e the decree or ord er <.f ejectmen t conditio nal on the pa y ment of th at a mo un t to the tenant .
(3) No compensatio n under this section for an imp rovement shall be c laim able where the tena nt has made the improve men t in pursuance of a contr ac t or under a lease binding him, in con sidera tion of some sub stantia l adv antage to be obtaine d by him to make the imp rovement without compensatio n, an d he has obt ained that advanta ge.