Bare ActsThe Assam (Temporarily Settled Districts) Tenancy Act, 1935

Section 48

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

(1) Any tenant holding land in an estate other than a temporarily-settled estate may apply to the of Court of the Deputy Commissioner for reduction of his holdings in rent on the ground— estates other than tempo­ rarily-settled. (2) that the soil of that land has during the tenancy on the present rent become perma­ nently deteriorated without the fault of the tenant, and (ii) that the tenant would have been entitled to relief under section 47 had the estate in which his holding lies been a temporarily- settled estate. (2) On receipt of such application the Court shall proceed as if an application undersection4 7 had been received and the Court shall make a local enquiry or have a local enquiry made by the Sub-Deputy Collec­ tor in charge of the local area wherein the land inques­ tion lies in order to determine whether the tenant is entitled to a reduction of rent. 28 (3) When after such an enquiry the Court holds that the tenant is entitled to a reduction of rent, i- may, notwithstanding anything in the contract bett ween-the parties, direct such red uction of rent as it hink3 fair an d equitable. Alteration n ) Every tenant shall— of rent on ' ' ’ alteration of area. (a) be liable to pay additional rent for all land proved by measurement to be in execs ol the area for which rent has been pievi- ously paid by him ; and (i) be entitled to a reduction of ren t in respect of any deficiency proved by measurement to exist in the area 01 his holding as com­ pared with the «area for which rent has been previously paid by him . (2) Where a landlord or ten ant is able to indicate any particular land as being in excess or in deficit, the rent to be added or abated (as the case may be) may be cal­ culated with reference to the rates payable by a tenant of the same class for lands of a similar description and with similar advantages in the vicinity. Where on the oth er hand, a landlord or tenant is unable to indicate any particular land as being in excess or in deficit, the ren t to be added or abated (as the case may be) may be calculated at the average rate of rent paid on all the lands of the holding exclusive of such excess area. Instalments

Section 48 – The Assam (Temporarily Settled Districts) Tenancy Act, 1935 | DailyLaw.ai