(1)In the case of garden lands, fair rent, subject to sub-sections (5), (6) and (7), shall be a share, ascertained under sub-sections (2), (3) and (4) of this section, of one-third of the gross produce for the three years immediately previous to the date on which fair rent is to be ascertained.(2)As regards coconut trees in respect of which the landlord is bound to pay compensation under the Improvements Act in case of eviction, the share shall be one-eighth of the said one-third, of only the nuts included in such produce and, as regards trees in respect of which he is not bound to pa) such compensation, the share shall be one-third of the said one-third:Provided that where a coconut tree has been let for tapping, its produce, of nuts for the purposes of this sub-section during the said three years shall be deemed to be the same as the produce of nuts during the three years of a tree of a similar description and with similar advantages in the neighbourhood which has not been let for tapping.(3)As regards areca trees and pepper vines in respect of which the landlord is bound to pay compensation under the Improvements Act in case of eviction, the share shall be one-eighth of the said one-third of only the nuts and pepper included in such produce, and as regards areca trees and pepper vines in respect of which he is not bound to pay such compensation, the share shall be one-fourth of the said one-third.(4)Nothing shall be payable (i) for the minor produce of coconut or areca trees such as leaves, fibre, etc., whether such compensation is payable or not in respect of the said trees, or (ii) for the produce of other classes of fruit-bearing trees such as jack, mango, tamarind, palmyra and cashew nut.(5)Fair rent determined under section 16 shall not exceed twice the rent payable for the agricultural year 1949-50 and fair rent determined under section 20 shall in no case exceed twice the rent payable for the year immediately preceding the date of the application for revision.(6)Where fair rent under sub-sections (2) to (5) exceeds the rent payable for the year 1949-50 or for the year immediately preceding the date of the application for revision, as the case may be, the increase shall be spread over more than one year so that in no year the rent shall be more than one and a quarter times the rent payable for the year immediately preceding.(7)Notwithstanding anything contained in sub-sections (5) and (6) or section 18, the tenant may elect to pay in kind and, if he does so, the landlord shall be bound to accept, the share of the produce ascertained by the Rent Court in accordance with sub-sections (2) to (4).
