(1)When a record-of-rights in respect of any land has been prepared and finally published under this Chapter, no application or suit affecting any such land or any tenant thereof, shall, within four months' time from the date of the certificate or final publication of such record-of-rights, be made or instituted in any Civil Court for the decision of any of the following issues, namely :(a)whether the land is or is not liable to the payment of rent ;(b)whether the relation of landlord and tenant exists ;(c)whether the land is part of a particular estate or tenancy;(d)whether there is any special condition or incident of the tenancy, or(e)whether any right-of-way or other easement exist over or is appurtenant to the land.(2)If, before the final publication of the record-of-rights in such area a suit involving the decision of any issues mentioned in sub-Section (1) has been instituted in a Civil Court, the Revenue Officer shall not in any proceeding under Section 102, or in a suit under Section 103, try such issues unless in such Civil Court such issue is not in fact tried or decided.(3)Where, in the course of settling fair rents under Section 101, the Revenue Officer finds that by reason of a suit involving the decision of any of the issues mentioned in sub-Section (1) having been instituted in a Civil Court before the final publication of the record-of-rights, or before a Revenue Officer under Section 103, he is unable to settle a fair rent until such issue is decided, the Revenue Officer shall stay the proceeding for the settlement of a fair rent pending a final decision on the issue.And, after the issue has been finally decided he shall settle a fair rent as if the record-of-rights had been framed in accordance with such decision.(4)Where the making of an application or institution of a suit has been delayed owing to the operation of sub-Section (1), the period of four months therein mentioned shall be excluded in computing the period of limitation provided for such application or suit.
