RMIW Act 40Chapter VI · Jurisdiction and Procedure

Section 40 · Variations in rent

(1)

Every tenant holding under an unexpired lease or having a right of occupancy or Khatedari, who is in occupation of any land at the time when any stoppage or diminution of water supply, in respect of which compensation is allowed under section 37, takes place, may claim an abatement of the rent, previously payable by him for the said land on the ground that such stoppage or diminution reduces the value of the holding.

(2)

If a water supply increasing the value of such holding is afterwards restored to the said land, the rent of the tenant may be enhanced, in respect of the increased value of such land due to the restored water supply, to an amount not exceeding that at which it stood immediately before the abatement. Such enhancement shall not affect the liability of the tenant to enhancement of rent on any grounds other than that of restored water supply.

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