Bare ActsThe Goalpara Tenancy (Amendment) Act, 1943

Section 27

Amendment status not verified — confirm the current text below against the official source.

For section 83 of the said Act the following section shall of new sec- be substituted, name ly:— tion lor sec­ tion 83 of Assam Act I of 1929. “ Abatement 83 . (1) If the entire land of a tenure or holding or a of rent on portion of such lands are lost by diluvion, the rent of the tenure account of o r holding shall be abated by an amount which bears the same ancT're-en- Pr °P o r t i° n to the rent of the whole tenancy, as the area lost bears try into to that of the whole tenancy. lands which (2) (a) Notwithstanding anything contained in this Act or in re-appear. a n y other law or in any contract to the contrary, the right, title «■ and interest of the tenant or his successors-in-interest shall subsist in such lands or portion thereof during the period of loss by diluvion not exceeding twenty years or till three years after their reappearance, whichever period is less. Th e tenant or his succes­ sors-in-interest shall claim immediate possession of the lands or portions thereof by serving on the landlord a notice in the pres­ cribed form and manner within two years of the reappearance of such lands. The landlord shall have a right to the arrears of rent without interest in respect of the land which has reappeared for the period during which it was lost or for three years, whichever is less. (6) The rent of the lands which have reappeared shall, for the purposes of the payment both of the arrears of rent under this suD-section and of the ren t due thereafter (until such, rent is modified in accordance with the provisions of this Ac t), be calculated on the basis of the rent of the remainder of the tenancy existing when possession of the lost land is resumed, and shall bear the proportion to that ren t which the area of the lands which have reappeared bears to that of the remainder of the tenancy : Provided that in cases where the entire tenure or holding has been lost by diluvion, the ren t of the portion thereof which re­ appears shall be calculated in like m anner on the basis of the rent existing when the entire tenancy was lost. (3) Nothing shall prevent the accrual of rights under the operation of any other enactment in any portion of the lands of a tenure or holding which have been lost by diluvion, if such e lands thereafter rea ppear as an accretion thereto .” Amend­ ment of section 84 of Assam Act I of 1929.

Section 27 – The Goalpara Tenancy (Amendment) Act, 1943 | DailyLaw.ai