42. Proprietor may recover from subordinate tenants.
- Every landholder who has been charged with any sum by a report published as aforesaid may, after he has paid or engaged to pay the same-(a)proceed under any law for the time being in force to enhance the rents of any person holding immediately from him any land the productive powers of which have been increased by any works carried out under this Act: provided that any such person may at his option elect to pay under clause (b) of this section; or(b)recover such sum or any part thereof according to the proportions hereinafter provided, with interest [* * *] [The words 'at the rate of five per centum per annum' omitted by Bengal Act 2 of 1902, vide Section 5.] from the date of payment by him of any portion thereof, from the persons holding immediately from him lands in respect of which such sum has been declared payable, and which have been benefited by any scheme of works carried out under this Act;(c)The sum recoverable by such landholder from each such person under clause (b) in respect of the lands of each class shall bear the same proportion to the sum charged upon such landholder in respect of all lands of that class as the area of the lands of that class which are held by such person bears to the area of the lands of the same class in respect of which the landholder has been charged. No person from whom a landholder is authorised to recover any sum under this section shall be liable to pay in any one year more than one-tenth part of the sum so recoverable from him, and no person shall be liable to pay in one year more than the increased annual value of the lands in respect of which the payment is made.
