(1)Subject to the provisions of this section and any contract, a landlord may,by himself or by any other person authorised by him in this behalf, enter on and measure all land comprised in his estate, permanent tenure or jote.(2)Any landlord shall, not, without the consent of the tenant or the written permission of the Deputy Commissioner, be entitled to measure land held by a tenant more than once in ten years, except in the following cases, namely :(a)where the area of the tenancy is liable, by reason of alluvion or diluvion, to vary from year to year, and the rent payable depends on area,(b)where the area under cultivation is liable to vary from year to year and the rent payable depends on the area under cultivation ;(c)where the landlord is a purchaser, otherwise than by voluntary transfer, and not more than two years have elapsed since the date of his entry under the purchase ;(d)where the land held by the tenant is contiguous to his landlord's khas lands and the landlord has reason to believe that the tenant has encroached upon such land, and one year has elapsed from the date of the last measurement.(3)The ten years shall be computed from the date of the last measurement whether made before before or after the commencement of this Act.(4)The measurement shall be by such standard as may be prescribed(5)Presumption in certain circumstances.-Before proceeding to make the measurement, then landlord may serve a notice in the prescribed manner on the tenant to attend and point out the boundaries of the land, and, if the tenant fails to comply, a map or other record of the boundaries and measurement of the last, prepared by the landlord at the time when the tenant was directed to attend, shall be presumed to be correct until the contrary is proved.
