(1)In a suit for assessment of rent (whether such relief has been claimed as an alternative to ejectment or not-(i)for excess of land under Clause (a) of Section 58, where such land is continuous to any other land held by the tenant under the same landlords;(ii)for any other land in possession of a person without the consent of the landlord, the landlord may claim, in addition to the rent assessed,-in case (i), a premium amounting to five times the annual rent assessed by the Court, and in case (ii), a premium amounting to ten times such annual rent, and the Court may grant relief accordingly :Provided that no premium shall be ordered to be paid-(a)in case (i), where the tenant has been in possession of the excess land for twelve years continuously, or(b)when the landlord is unable to indicate the particular land in excess in possession of the tenant.
