42. Alteration of rent in respect of alteration in area.
(1)Every ryot shall -(a)be liable to pay additional rent for all land proved to be in excess of the area for which rent has been previously paid by him, unless it is proved that the excess is due to the addition to the holding of land which having previously belonged to the holding was lost by alluvion or otherwise without any reduction of the rent being made; and(b)be entitled to a reduction of rent in respect of any deficiency proved to exist in the area of his holding as compared with the area for which rent has been previously paid by him unless it is proved that the deficiency is due to the loss of land which was added to the area of the holding by alluvion or otherwise and that an addition has not been made to the rent in respect of the addition to such area.(2)[***] [Words 'Provided that' were omitted by section 29(i) of the Madras Estate Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] In cases of dispute, no alteration of the amount of rent under this section shall be allowed except under the order of the Collector upon application made to him for that purpose by the landholder or the ryot concerned.(3)[ Notwithstanding anything contained in sub-section (2), whereby agreement in writing the rent is fixed in proportion to the area or where by agreement in writing the rent is fixed on the basis of an assumed area and the agreement provides for the alteration of the rent when the actual area is found to vary from the assumed area, it shall be lawful for the landholder or the ryot to enforce an increase or decrease of the rent, as the case may be, in consequence of an increase or decrease of area measured in the same unit.] [Sub-section (3) was added by section 29(ii) of the Madras Estate Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]
