Chapter VI CHAPTER VI

(1) When a landlord has, with the permission mentioned in the last foregoing

Subject to the foregoing provisions of this Chapter, a tenant who has made an improvement on his tenancy in accordance with this Act shall not be ejected, and the rent payable by him shall not be enhanced, until he has received compensation for the improvement.

(1) A tenant who has cleared and brought under cultivation waste-land in which he has not a right of occupancy shall, if ejected from that land, be entitled to receive from the landlord as compensation for disturbance, in addition to any compensation for improvements, a sum to be determined by a Revenue Court or Revenue-officer in accordance with the merits of the case, but not exceeding five years’ rent of the land: Provided that a tenant who is a joint owner of land to which this section applies shall not be entitled to compensation for disturbance on ejectment from the land or any part thereof. (2) If rent has been paid for the land by division or appraisement of the produce, or by rates fixed with reference to the nature of the crops grown, or if not rent, or no rent other than the land revenue of the land and the rates and cesses chargeable thereon, has been paid therefor, the compensation may be computed as if double the amount of the land-revenue of the land were the annual rent thereof.

(1) In every suit by a tenant to contest his liability to ejectment or by a landlord to eject a tenant or to enhance his rent, the Court shall direct the tenant to file a statement of his claim, if any, to compensation for improvements or for disturbance and of the grounds thereof. (2) If the Court decrees the ejectment of the tenant or the enhancement of his rent, it shall determine the amount of compensation, if any, due to the tenant, and shall stay execution of the decree until the landlord pays into Court that amount less any arrears of rent or costs proved to the satisfaction f the Court to be due to him from the tenant.

In either of the following cases, namely— (a) when a notice has been served on a tenant under section 44, (b) when a notice of ejectment has been served on a tenant under section 45 and the tenant has not instituted a suit to contest his liability to be ejected, the tenant may apply to the Revenue-officer having authority to order his ejectment under section 44 or section 45, as the case may be, to determine the amount of compensation due to him for improvements or for disturbance, or for both, and the Revenue-officer shall determine the amount, if any, accordingly and stay the ejectment of the tenant until the landlord pays to the Revenue-officer the amount so determined less any arrears of rent or costs proved to the satisfaction of the Revenue-officer to be due to the landlord from the tenant.

In estimating the compensation to be awarded under this Chapter to a tenant for an improvement, the Court or Revenue-officer shall have regard to— (a) the amount by which the value or the produce of the tenancy, or the value of that produce, is increased by the improvement; (b) the condition of the improvement and the probable duration of its effects; (c) the labour and capital required for the making of such an improvement; (d) any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement; and (e) in the case of a reclamation, or of the conversion of unirrigated into irrigated land the length of time during which the tenant has had the benefit of the improvement.

(1) the compensation shall be made by payment in money, unless the parties agree that it be made in whole or in part by the grant of a beneficial lease of land or in some other way. (2) If the parties so agree, the Court or Revenue-officer shall, make an order accordingly.

A tenant having a right of occupancy is entitled to make improvements on his tenancy.

(1) A tenant not having a right of occupancy may make improvements on his tenancy with the assent of his landlord. (2) If at any time the question arises whether or not the landlord assented to the making of an improvement by a tenant not having a right of occupancy, the assent may be inferred from circumstances.

Improvements made by a tenant before the commencement of this Act shall be deemed to have been made in accordance with this Act, unless in the case of a tenant not having a right of occupancy it is shown that the improvement was made in contravention of a written agreement between him and his landlord.

A tenant ejected in execution of a decree, or in pursuance of a notice of a notice of ejectment, shall not be entitled to compensation for any improvement begun by him after the institution of the suit, or service of the notice, which resulted in his ejectment.

If a landlord tenders to a tenant a lease of his tenancy for a term of not less than twenty years from the date of the tender at the rent then paid by the tenant, or at such other rent as may be agreed on, the tender if, accepted by the tenant, shall bar any claim by him to compensation in respect of improvements previously made on the tenancy.

(1) If from any cause the amount of compensation payable to a tenant— (a) under this Chapter for improvements or disturbance, or (b) under section 49 for the value of uncut or ungathered crops or the preparation of land for sowing, has not been determined before the tenant is ejected, the ejectment shall not be invalidated by reason of the omission, but the Court or Revenue-officer which decreed or who ordered the ejectment may, on application made by the tenant within one year from the date of the ejectment, correct the omission by making in favour of the tenant an order for the payment to him by the landlord of such compensation as the Court or officer may determine the tenant to be entitled to. (2) An order made under sub-section (1) may be executed in the same manner as a decree for money may be executed by a Revenue Court.