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State of Bihar - Section

Section 15B in Bihar Land Reforms Rules, 1951

15B. [ Inflation in the returns by outgoing superior landlords of amounts of rent and cess alleged to be realised from their immediately subordinate tenure holders. [Inserted by Notification No. 1644 L.R., dated 24.2.1960.]

(1)Where any outgoing superior landlord has filed returns in compliance with the notice (Form D) under Rule 15, or under Section 3-B(3) showing the amounts of rent and cess payable to him by his immediately subordinate tenure-holders, the Compensation Officer shall verify in each case whether these amounts have been inflated with an ulterior motive to get higher compensation. For this purpose, the Compensation Officer will find out the names of such subordinate tenure-holders and ascertain if they have also filed similar returns in respect of their own tenures. If so, the Compensation Officer will verify the amounts of rent and cess payable to the superior landlord in respect of the subordinate tenures, as shown in the returns filed by the subordinate tenure-holders, with the amounts of rent and cess payable to the superior landlord by his immediately subordinate tenure-holders, as shown in the superior landlord s return. Where these two figures tally, it may be presumed that the amounts of rent and cess, as shown in the superior landlord's returns, are correct, and have not been inflated. But where these figures do not tally and particularly, when the superior landlord's figures are higher than those of his immediately subordinate tenure-holders, an inflation of figures as shown in the superior landlord's returns, may be presumed, and shall be enquired into, to ascertain the correct figures. In such a case, the Compensation Officer shall require, under Section 40, both the parties to file by an appointed date, the documents, viz. counterfoils of rent-receipts, jamabandis, rent-receipts, certified copies of judgments and decrees in rent suits, if any etc. on which they rely, and examine them along with the relevant Khewat-Part III and find out correct amounts of rent and cess payable to the superior landlord in respect of the subordinate tenures in question.
(2)Where no such returns have been filed by the immediately subordinate tenure-holders, the Compensation Officer shall require them under Section 40 to produce their rent-receipts as well as other documents showing the correct amounts of annual rent and cess payable by such subordinate tenure-holders to their superior landlords. In addition, the Compensation Officer shall examine the relevant Khewat - Part III, and shall also call upon such defaulting tenure-holders to file by an appointed date, their returns in respect of their own tenures, and on receipt thereof shall proceed with the verification in the manner provided in sub-rule (1).]