128. Settlement of rent by Revenue Officer in cases where a settlement of land revenue is not being or is not about to be made.
(1)When, in any case in which a settlement of land-revenue is not being made or is not to be made, either the landlord or the tenant applies, within three months from the date of the certificate of the final publication of the record-of-rights under Section 116, Sub-section (2), for a settlement of rent, the Revenue Officer shall settle a fair and equitable rent in respect of the land by the tenant.Explanation. - Superior landlord may apply for a settlement of rent, notwithstanding that his estate or tenure or part thereof has been temporarily leased.(2)When, in any case in which a settlement of land-revenue is not being made or is not about to be made, the Revenue Officer has recorded, in pursuance of Clause (m) of Section 113, that the occupant of any land claimed to be held rent-free is not entitled to hold it without payment of rent, and either the landlord or the occupant applies within three months from the date of the certificate of the final publication of the record-of-rights under Section 116, Sub-section (4), for a settlement of rent, the Revenue Officer shall settle a fair and equitable rent for the land.(3)Every application under Sub-section (1) or Sub-section (2) has, notwithstanding anything contained in the Court-fees Act, 1870 (VII of 1870) bear such stamp as the State Government may prescribe by notification in the official Gazette.(4)In settling rents under this Section, the Revenue Officer shall presume until the contrary is proved, that the existing rent is fair and equitable, and shall have regard to the rules laid down in this Act for the guidance of the Revenue Courts in increasing or reducing rents, as the case may be.(5)The Revenue Officer may in any case under this Section propose to the parties such rents as he considers fair and equitable; and the rents so proposed, if accepted orally or in writing by the parties, may be recorded as the fair rents, and shall be deemed to have been duly settled under this Act.(6)Where the parties agree among themselves, by compromise or otherwise, as to the amount of the fair rent, the Revenue Officer shall satisfy himself that the amount agreed upon is fair and equitable, and if so satisfied, but not otherwise, he shall record the amount so agreed upon as the fair and equitable rent, if not so satisfied, he shall himself settle a fair and equitable rent as provided in Sub-sections (4) and (5).(7)An applicant for a settlement of rent under this Section may not dispute any entry in, or any omission from, the finally published record, unless he files simultaneously a plaint under Section 130 for the alteration of such record, in which case the Court shall proceed to dispose of the game before dealing with the application under this section.
