In any case where the landlord in respect of any land fails to apply in accordance with the provisions of Section 26 the Revenue Officer shall, on the expiry of the period specified in the said section, consider the application filed by the tenant in respect of such land and after giving the persons interested an opportunity of being heard determine the particulars of the resumable and non-resumable lands alongwith to other matter required to be determined under Sections 27 and 28 and on such determination the remaining [Provisions of this Chapter] so far as may be, shall apply :
Provided that if any such case the landlord contest the claim on the ground that the applicant is not the tenant and the tenant succeeds in establishing his claim the Revenue Officer shall, after giving the tenant an opportunity of selecting the non-resumable lands, determine the aforesaid particulars so far as may be, in accordance with the selection, if any, made by the tenant:
Provided further that if the landlord does not contest the claim as aforesaid he shall have the right to select the resumable lands and the said particulars shall, so far as may be, determined in accordance with the selection, if any, made by landlord.]
35. Failure of both landlord and tenant to apply under Section
26. - Where both the landlord and the tenant in respect of any land fail to apply in accordance with the provisions of Section 26 the Revenue Officer may within six months from the expiry of the period specified in the said section and subject to such rules as may be made in that behalf after giving the persons interested an opportunity of being heard determine the particulars of the resumable and non-resumable lands alongwith the other matters required to be determined under Sections 27 and 28 and on such determination the remaining provisions of this Chapter, so far as may be, shall apply.
2[35A. Rights of tenant until conclusion of proceedings under this Chapter - The tenant shall, subject to the final orders made in the
1. Inserted vide Orissa Act No. 8 of 1967
2. Substituted vide Orissa Act No. 13 of 1965 proceedings, if any, under this Chapter hold the lands as a tenant with heritable rights until the conclusion of such proceedings and while so holding shall be subject to the provision contained in Chapter III,]