Special provisions regarding termination for non-payment of rent

(1) Where the tenancy of any land held by a tenant is terminated for non-payment of rent and the landlord files any proceeding to eject the tenant, the Mamlatdar shall call upon the tenant to tender to the landlord the rent in arrears together with the cost of the proceedings within thirty days from the date of the order and if the tenant complies with such order, the Mamlatdar shall, in lieu of making an order of ejectment, pass an order directing that the tenancy has not been terminated, and thereupon the tenant shall hold the land as if the tenancy had not been terminated: Provided that nothing in this section shall apply to any tenant whose tenancy is terminated for non-payment of rent if he has failed for any three years to pay rent within the period fixed by or under this Act and the landlord has complied with the requirements, if any, of any notice to the tenant by or under this Act. (2) The landlord may apply to the Mamlatdar in the prescribed form for recovery of arrears of rent for any period not exceeding three years. The Mamlatdar may, after such enquiry as he considers necessary, pass such order as he deems fit. The Mamlatdar in passing an order shall allow the tenant to set off the sum, if any, paid by him to the landlord within the period of three years immediately preceding the date of application made under sub-section (1) in excess of the rent due from him: Provided that if the Mamlatdar is satisfied that in consequence of a total or partial failure of crops or similar calamity the tenant has been unable to pay the rent due, the Mamlatdar may, for reasons to be recorded in writing, (i) direct, after hearing the landlord, that no rent shall be payable for the period of such failure of crops by the tenant, or (ii) direct, after hearing the tenant and the landlord, that the arrears of rent, or such part thereof as may be considered reasonable by the Mamlatdar, together with the cost of proceedings, if awarded, shall be paid within one year from the date of the order and that if before expiry of the said period the tenant fails to pay the said arrears of rent and costs the tenancy shall be deemed to be terminated and the tenant shall be liable to be evicted. (3) When a tenant tenders an amount on account of rent to the landlord for any period and if the landlord refuses to receive it or grant a receipt for it, the tenant may present to the Mamlatdar an application in writing for permission to deposit in his office the full amount of rent. The Mamlatdar may receive the amount in deposit and give a receipt for it. Notice of the amount so deposited shall be given to the landlord and if the Mamlatdar is satisfied that the payment by the tenant was bona fide it shall be paid to the landlord, and thereupon it shall constitute a discharge of the tenant’s liability in respect of the rent for such period and no claim or application by a landlord for rent shall be maintainable in respect of the period for which the rent has been so deposited by the tenant. (12) On the date fixed or on any day to which the proceedings may have been adjourned the Mamlatdar shall, subject to sub-rule (9) proceed to hear all the evidence that is then and there before him and to try the relevant issues. The Mamlatdar may after due notice to and in the presence of the parties summon and examine, as a witness, any person who has not been summoned or produced by any party and may call for and cause to be proved any document which has not been applied for or produced by either of the parties where he considers it expedient in the interest of justice so to do, and may, if he thinks fit, make a personal inspection of the land, in dispute, in the presence of or after due notice to the parties. He shall without unnecessary delay record a memorandum after hearing the parties on the spot, if present, of the relevant facts observe at such inspection. The memorandum shall form part of the record of the case. The Mamlatdar shall with his own hand, make or sign, a memorandum of the substance of the evidence of each witness as the examination of the witness proceeds, and briefly record his reasons for his finding. Where the Mamlatdar’s finding upon the relevant issues is in favour of the applicant, he shall make such order not being in excess of the powers vested in him by or under the Act, as the circumstances of the case appear to him to require and where his finding is in favour of the opponent he shall dimiss the case. In either case the costs of the suit including the costs of execution, shall follow the decision. (13) Every order of the Mamlatdar, whether for rejecting or returning an application or whether for allowing or disallowing a claim, steal be endorsed by the Mamlatdar on the application and shall be read out by him in open court, either at once or on some future day, of which due notice shall be given to the parties and brief reasons for the order shall be placed by him on record. (14) The Mamlatdar shall dispose of the application within period of one year from the date of service of the notice to the other party. Any landlord who recovers rent from his tenant in contravention of the provisions of section 23 or 24 shall be liable to pay by way of penalty to the tenant a sum of money not exceeding twice the excess amount of rent recovered by the landlord from such tenant, the actual penalty being such amount as the Mamlatdar may determine, having regard to all the circumstances of the case. Details instructions and forms shall be drawn up and maintained by the Director of Land Survey subject to the orders and approval of the Government, for the proper carrying out of the provisions of Rule 11.