Section 5(2) in The Pepsu Occupancy Tenants (Vesting of Proprietary Rights) Act, 1954
(2)Where an occupancy tenant has not paid rent in respect of his land for any period prior to the appointed day, the compensation payable to the landlord shall, in addition to the amount determined under sub-section (1), include the amount of arrears of rent lawfully recoverable from the occupancy tenant:Provided that where the rent is payable wholly or partly by a division or appraisement of the produce on the basis of batai, then, notwithstanding anything to the contrary contained in any contract, judgment or decree, the rate of annual rent shall, for the purposes of this sub- section, be deemed to be equal to twice the land revenue including rates and cesses payable by the landlord in respect of the land.Explanation. - For the purposes of this sub-section, the amount of arrears of rent lawfully recoverable means -(i)the amount of arrears of rent as may be determined in accordance with this sub-section for any period not exceeding three years prior to the appointed day where no decree for such period has been obtained; or(ii)the amount of arrears of rent as may be determined in accordance with this sub-section for any period not exceeding six years prior to the appointed day where a decree for such period has been obtained and the decree is legally executable on the appointed day.
