42. Conditions of ejectment on ground of refusal to agree to pay a fair and equitable rent - (1) A suit for ejectment on the ground of refusal to agree to pay a fair and equitable rent shall not be instituted against a non-occupancy Raiyat unless the landlord has tendered to the Raiyat an agreement to pay the rent which he demands and the Raiyat has within six months before the institution of the suit, refused to execute the agreement.
[(2) A landlord desiring to tender an agreement to a Raiyat under this section shall file it in the office of the Deputy Commissioner for service on the Raiyat.](3)When an agreement has been filed under [* * *] sub-section (2), the Deputy Commissioner shall forthwith cause it to be served on Raiyat in the manner prescribed under Section 264 for the service of notices.(4)When an agreement has been served on a Raiyat under sub-section (3) [* * *] the agreement shall, for the purposes of this Section, be deemed to have been tendered.(5)If a Raiyat on whom an agreement has been served under sub-section (3) [* * *] executes it, and within one month from the date of receipt files it in the office of the Deputy Commissioner, it shall take effect from the commencement of the agricultural year next following.(6)When an agreement has been executed and filed by Raiyat under subsection (5), the Deputy Commissioner shall forthwith cause a notice of its being so executed and filed to be served on the landlord.(7)If the Raiyat does not execute the agreement and files it under sub-section (5), he shall be deemed, for the purposes of this section to have refused to execute it.(8)If a Raiyat refuses to execute an agreement tendered to him under this Section, and the landlord thereupon institutes a suit to eject him, the Deputy Commissioner shall determine what rent is fair and requitable for the holding.(9)If the Raiyat agrees to pay the rent so determined, he shall be entitled to remain in occupation of his holding at that rent for a term of five years from the date of the agreement, but on the expiration of that term shall be liable to ejectment on the second ground mentioned in clause (e) of Section 41, unless he has acquired a right of occupancy.(10)If the Raiyat does not agree to pay the rent so determined, the Deputy Commissioner shall pass a decree for ejectment.(11)In determining what rent is fair and equitable, the Deputy Commissioner shall have regard to the rents generally paid by non-occupancy Raiyat for land of a similar description and with like advantages in the same village and (if the Deputy Commissioner thinks fit) in adjoining villages.
