32. Procedure on receipt of such application - (1) When any such application has been received, the Deputy Commissioner,-
(a)shall forthwith give notice of the contents thereof to the Raiyat, and(b)shall refer to the entry (if any) relating to the tenancy in the record-of-rights prepared under this Act or any other law for the time being in force; and(c)may, if he thinks fit, order a measurement of the land held by the Raiyat, and(d)may, upon consideration of all the circumstances set forth in the application, and after hearing any objection advanced by the Raiyat and making such further inquiry as the Deputy Commissioner may think necessary, order such an increase, whether progressive or otherwise, as he may consider to be fair and reasonable:Provided that if the landlord proves that at the time when the measurement on which the claim is based was made, there existed in the estate or tenure or part hereof in which the holding is situate a practice or measuring land before setting rents, the Deputy Commissioner may presume that the area of the holding as entered in any lease or counterpart engagement or (where there is any entry of area in a counterfoil receipt corresponding to the entry of the rent-roll) in the rent-roll relating to the holding was so entered after measurement:Provided also that an increase of rent shall not be ordered where it would contravene any local custom or usage prohibiting an increase of rent in respect of the increase in area of a holding.(2)When any increase has been so ordered, it shall be payable from the commencement of the agricultural year following that in which the order is passed, and may be recovered from the Raiyat in any suit instituted against him for arrears of rent.
