(3)Subject to the provision of Sub-section (2) a suit instituted for the enhancement of the rent of a tenant having a right of occupancy shall not be entertained in either of the following cases, namely -(a)if within the ten years next preceding its institution his rent has been commuted under Section 3 of enhanced under this section;(b)if within that period a decree has been passed under this Act dismissing on the merits a suit for the enhancement of his rent unless the land or some part of the land comprised in his tenancy not having been irrigated, or flooded at the time of such commutation enhancement or decree, has become irrigated or flooded.
