(1)The rent of an occupancy jotedar may be enhanced by contract, subject to the following conditions, namely :(a)the contract must be in writing and registered:Provided that nothing in this clause shall prevent a landlord from recovering rent at a rate at which it has been actually paid for a continuous period of less than three years immediately preceding the period for which rent is claimed ;(b)the rent must not be enhanced so as to exceed, by more than three annas in the rupee, the rent previously payable by the jotedar.(2)(a)The rent of an occupancy jotedar may be enhanced by suit up to such limit as the Court thinks fair and equitable.(b)In determining what enhancement is fair and equitable, the Court shall not leave to the jotedar as profit less than 10 per cent of the balance which remains after deducting from the gross rents payable to him, the expenses of collecting them, and shall have regard to-(i)the circumstances under which the jote was created, for instance, whether the land comprised in the jote, or a greater portion of it, was first brought under cultivation by the agency or at the expense of the jotedar of his predecessors in interest, whether any fine or premium was paid on the creation of the jote, and whether the jote was originally created at a specially low rent for the purpose of reclamation;(ii)whether the rate of rent paid by the jotedar is below the average rate paid by jotedars for land of a similar description and with similar advantages in the village or in the vicinity and whether there is any sufficient reasons of this holding at so low-a-rate ;(iii)any increase in profit that the jotedar has secured, since his rent was last settled or enhanced, and the expenses incurred in securing such increase;(iv)the improvement, if any, made by the jotedar or the landlord or by their predecessors in interest ;(v)the contract, if any, about any enhancement of rent, entered into between the landlord and the jotedar, or their predecessors in interest, before the passing of this Act.(3)When the rent of an occupancy jotedar has been enhanced by contract or by suit, it shall not be again enhanced during the fifteen years next following the date on which it has been so enhanced.(4)If the court in passing a decree for enhancement considers that the immediately increase of rent would produce hardship, it may direct that the enhancement shall take effect gradually at such times and by such instalments extending over a period not exceeding ten years as the Court may fix in this behalf, and of the purpose of sub-Section (3) the full rent shall be deemed to have come into effect from the date of the decree.
