Alteration of rent on alteration of area

28. Alteration of rent on alteration of area.—(1) Every tenant shall— (a) be liable to pay additional rent for all land proved to be in excess of the area for which rent has been preciously paid by him, unless it is proved that the excess is due to the addition to his tenancy of land which, having previously belonged to the tenancy, was lost by alluvion or otherwise without any reduction of the rent being made; and (b) be entitled to and abatement of rent in respect of any deficiency proved to exist in the area of his tenancy as compared with the area for which rent has been previously paid by him, unless it is proved that the deficiency is due to the loss of land which was added to the area of the tenancy by alluvion or otherwise, and that an addition has not been made to the rent in respect of the addition to the area. (2) In determining the area for which rent has been previously paid, the Court shall have regard to the following, among other matters, namely:— (a) the origin and conditions of the tenant’s occupancy, for instance whether the rent was a rent in gross for the entire tenancy; (b) whether the tenant has been allowed to hold additional land in consideration of and addition to his total rent or otherwise with the knowledge and consent of the landlord; and (c) the length of time during which there has been no dispute as to rent or area. (3) In adding to or abating rent under this section, the Court shall add to or abate the rent to such an amount as it deems to be fair and equitable, and shall specify in its decree the date on and from which the addition or abatement is to take effect. (4) An addition to or abatement of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this Act.