(1) In estimating the com pensation to be principle on awarded under section 69 for an improvem ent , rega rd wh ich comshall be had— ps wat io n is to be est ima ted .
(a) to the a mo unt by which the value, or the pro duce, of the hold ing or the value oi that pro duce is increased by the improve ment ;
(Z>) to the cond ition of the, imp rov ement and the probable du rat ion of its effects ;
(c) to the labour and capit al req uir ed for the making of such an imp rovement ;
(</) to any redu ction or remission of ren t or any other adv antag e given by the landlo rd to the ten ant in conside ration of the improve ment ; and
(e) in the case of a reclamation or of conversion of unir riga ted into irrigat ed lan d, to the o length o f time d uring which the t en an t has had the benefit o f the improvem ent at an unenhance d ren t.
(2) Wh en the am ount of the compensatio n has been assessed, the Court may , if the land lord and the tena nt agree, dire ct that , inste ad of be ing pa id wholly in money , it shall be paid wholly or pa rtl y in some othe r way.
r. r 38 Acquisition of H olding by Landlord Acquisi tion 71 . (1) Th e Co urt of a Dep uty Commissioner o f m a y o n a Ppl*c a t >o n ° f the land lord of a holding, an or . a n j o n being satisfied tha t he is desirous of acq uiri ng the holding or pa rt thereof for some reas onable and sufficient purpose hav ing relatio n to the good of th e hold ing or of the estat e in which it is comprised, or for any relig ious, educationa l or chari tab le purp ose, authorise the acqu isition the reo f by the l and lord up on such cond ition s as th e Court m ay think fit, and req uir e the te nant to sell his i nter est in the whole or such pa rt of the hold ing to the land lord upon such term s as may # be approved by the Court including full com pensation to the ten an t.
(2) An appeal shall lie to the Distri ct Judge against any o rder passed by the D epu ty Comm issioner under this section.
Surr end er and Abandonment Surrender . 72 .(1 ) A raiyat not bound by a lease or o ther agre eme nt for a fixed perio d may, at the end of the agr icu ltural yea r, surr end er h is enti re hold ing.
(2) But notw iths tand ing the sur ren der , the raiyat shall be liab le to indemnify the land lord against any loss of th e ren t of hold ing for the a gricul tural yea r nex t following the d ate ol the surrender unless he gives to his landlo rd at leas t thre e mon ths before his sur ren der , notice of his intent ion to sur ren der .
(3) The raiyat may, if he thinks fit, cause the notice to be served thro ugh th e Revenue Court .
(4 ) When a raiyat has surrendered his holding, the land lord may ente r on the hold ing an d either let it to anoth er ten an t or take it into cul tiva tion himself.
(5) When a holding is subject to an incu mbrance or when ther e is an under-raiyat on the hold ing or pa rt thereof, the sur render o f the hold ing shall no t be valid unless it is made with the consent of the landlo rd and the incum brance r or the under -raiyat as the case may be.
■f 39
(6) Save as provided in sub-section f5) noth ing in this section shall affect any arr angeme nt by which a raiyat and his l and lord may arrange for the surrend er of th e whole or a pa rt of t he holding.
73. (I) If a raiyat or under-raiyat voluntaril y Abandonabando ns his usual residence in the village or the m e n tneighbourho od withou t notice to his landlo rd and, withou t arr ang ing for paymen t of his ren t as it falls due , ceases to c ult iva te his holding, either by himself or by some other person, the landlo rd may, at any tim e afte r the exp irat ion of the ag ricultura l year in which the raiyat o r undcr-raiyat so abando ns and cea ses to cult ivate, en ter on the hold ing an d let it to anoth er ten an t or take it into cul tivation himself .
(2) Where the whole or a pa rt of a holding has been suble t, the lan dlo rd shall , before ent ering unde r this section on the holding, offer the whole ho lding to the sub-'essee for the rem ain der of the term of the sub-lease at the ren t paid by the raiyat who has ceased to cult iva te the hold ing, and on condition of the sub-lessee payin g up all arre ars due from th at raiyat.
i f the sublessee refuses o r neglec ts within two months to acce pt the offer, the land lord may avoid the sub lease and may ent er on the hold ing and let it to anoth er tenant or cul tivate i t himself .
D ivision
74. A division of a hold ing or dis tribu tion of th e Division of ren t pay able in respect thereof, shal l not be bind ing n °„ on the co-sharer tenant s unless it is m ade w th the ir co-sharer consent or on the la ndlord unless it is mad e with his tenants or i. express consent in writing. ° n , landlord without con sent.
M easurements
75. Every ten ant shall be bound to attend and Landlord’s poin t o ut the boundaries of all lands he ld by him r iSh t to under his land lord and the land lord may subject to fen d* V r c the provisions of this section and any contr act , perso nally or by agen t, enter on and measure all such lands 40 .1
Provided that such measuremen ts shall not , wi th ou t a wri tten order of the Revenue Co ur t, take place oftener than once in five years excep t in the following cases, na mely :—
(a) Where the l andlord is a purch ase r othe r wise tha n by a voluntary tran sfer and not more tha n two years have elapsed since the d ate of his ent ry under the purchase , or (/;) where the are a of the tenanc y is liab le by reason of alluvion, diluvion or any oth er cause, to va ry from year to y ear .
(2) The five years shall be com puted from the da te of the last measurement, whe ther ma de before or aft er the commencement of th is Act Power of W When a landlo rd decid es to measure any Re venue land which he is entit led to measure unde r section 75 Co ur t to he may, if he finds th at any person occ upy ing the or de r te na nt la nd o bstr ucts h im in so doing or any tena nt boun d to and po int a t t e n £ l a n c l P° ’n t ou t the bo undarie s refuses or neglec ts ou t bounda- t o do so, apply to the Revenue Co urt to make an tie s. ord er dii ec tin g such person to pe rm it the measure ment, or such ten an t to att end and po int out the bounda ries , as t he case may be.
(2) Th e Court may cause a notice to be served on such person or ten an t requir ing him to show cause why the ord er app lied for sh mid not be mad e and if the person or tena nt (as the case may be) fails to show cause o r i f the cause shown is in the opinion of of the Court , unsatis factory, the Court m ay make the orde r.
(3) I f the ten ant refuses or neglects to comply with the ord er, a map or other record of the bounda ries and measurements of the l and pre par ed under the direction of the land lord at time when the tenant was d irec ted to att end , shall be presum ed to be cor rec t until the con trary is shown.
41 £
77. A ten an f may apply to the Revenue Court Tor Tenant’s the corre ct measurement of such por tion of his hold - 6 1̂1 ing as does not form enti re cad astral plots in the )a nc j m e a .
villa ge map an d land records pre par ed and main- sured in certained under the autho rity of the [Sta te Govern- t«>n circurom en t] |. tance*.
The Court on the deposi ts of prescribed fees and afte r notice to the landlo rd, shall arr ang e lor the corr ect measuremen t of the area by a Revenue Officer not be lo <v the ran k of a Sub ;Deputy Collector.
Th e correct measuremen t shall the reu pon be entered in the raiyat's record-of-rights (if any) main tain ed.
78. Every measuremen t of land made under the Standar provisions of this Act sha ll be made by the sta ndard of mcasurebigha ado pted by the Governmen t in the cad ast ral r a e a tsurvey of the [S tat e] 1 2 3 4 .
CHA PTE It IX Pre pa ra ti on (w her e a se tt le me nt of lan d re ve nu e IS NOT BFI NG MA E ) AN D M A IN TEN A N CE OF R ec or d of R ig ht s of [T ena nts] 3