(2)Notwithstanding anything contained in sub-section (1), it shall be lawful for the tenant of any land, the protective bunds of which are neglected, to construct, maintain or repair such bunds at his cost and the cost so incurred by him shall, on application made by him to the Tahsildar, be recoverable by him from the landlord according to his liability under any agreement, usage or custom. The costs of the proceedings on the tenant’s application shall also be recoverable from the landlord in case the landlord is held wholly or partially liable to pay the cost incurred by the tenant for the construction, maintenance or repair of the bunds.
