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State of Gujarat - Section

Section 11 in Saurashtra Land Reforms Act, 1951

11. Suspension or remission of rent.

(1)Whenever from any cause the payment of the whole of land revenue payable to the Government by a Girasdar in respect of any land is suspended or remitted, the Girasdar shall suspend or remit, as the case may be, the payment to him of the rent of such land by his tenant. If in the case of such land, the land revenue is partially suspended or remitted, the Girasdar shall suspend or remit the rent payable by the tenant of such land in the same proportion.
(2)No application for assistance under sections 86 and 87 of the Code shall be entertained, no suit shall lie and no decree of a Civil Court shall be executed for the recovery by a Girasdar of any rent, the payment of which has been remitted, or during the period for which the payment of such rent has been suspended under this section. The period during which the payment of rent is suspended under this Section shall be excluded in computing the period of limitation prescribed for any suit or proceeding for the recovery of such rent.
(3)Notwithstanding anything contained in sections 86 and 87 of the Code, the Collector shall, in passing an order under sub-section (2) of section 87 of the Code, for rendering assistance to the Girasdar, allow to the tenant set-off for the sum, if any, paid by such tenant to the Girasdar in excess of the amount of rent due from him after deducting the amount required to be remitted under sub section (1) of this section. The set-off under this sub-section shall be allowed only in respect of the sums paid by such tenant to such Girasdar during a period of three years immediately preceding the date of the application made under section 86 of the Code,
(4)If any Girasdar fails to suspend or remit the payment of rent as provided in this section, he shall be liable to refund to the tenant the amount recovered by him in contravention of this section. The tenant may apply to the Mamlatdar for the recovery of the amount and the Mamlatdar may, after making an inquiry, make an order for the refund.