26. Confirmation of rents enhanced prior to commencement of this Act. - When the rent of an occupancy-Raiyat whose rent is liable to enhancement has been enhanced before the commencement of this Act otherwise than under Section 24 of the [Chota Nagpur Landlord] and Tenant Procedure Act [1879] (Ben. Act I of 1879), such enhanced rent shall be deemed to be lawfully payable,-
(a)if it has been actually paid continuously for seven years before the commencement of this Act; and(b)if it is not proved to be unfair and inequitable:Provided that where the rent lawfully payable by an occupancy-Raiyat for his holding has been made an issue in any suit for arrears of rent, and the Court has arrived at a finding on that issue, the rent to be found shall be deemed to be lawfully payable by the Raiyat or the holding.
