4. [ Alteration of rent in view of such abolition and not of the resulting rent in the record-of-rights. [Substituted for the original section by the Champaran Agraian (Amendment) Act, 1938 (Bihar Act 10 of 1938), Section 3.]
(1)Where, in consideration of the release of a tenant from the condition, special condition or incident of the nature described in Section 3, the rent payable by the tenant in respect of his tenancy was-(a)enhanced, whether under any contract between the tenant and his landlord or the provisions of any Act, for the time being in force when such enhancement was made, the amount of such enhancement shall stand cancelled, or(b)settled under Section 109 C of the [Bengal Tenancy Act, 1885], at an amount in excess of the rent which was payable for the tenancy prior to the date of such settlement, the amount so in excess shall stand cancelled.(2)Where any tenancy referred to in sub-section (1) has been partitioned or any portion of such tenancy has been transferred and the rent payable for the tenancy has, with the consent of the landlord of such tenancy, been distributed between the parties to the partition or between the transferor and the transferee, as the case may be, the rent payable for each of the portions of the tenancy shall be deemed to have been reduced to an amount which shall bear to the original rent of the entire tenancy the same proportion as the existing rent payable for such portion bears to the enhanced or, as the case may be, settled rent of the entire tenancy.Explanation. - In this sub-section the expression 'original rent' means the rent which was payable for the tenancy prior to the enhancement of the rent referred to in clause (a) of sub-section (1) or the settlement of rent referred to in clause (b) of the said sub-section, as the case may be.]
