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[Cites 0, Cited by 0] [Section 44] [Entire Act]

Madras Presidency - Subsection

Section 44(2) in Madras Estates Land Act, 1908

(2)In determining the area for which rent has been previously paid, the Collector shall have regard to each of the following considerations: -
(a)the origin and conditions of the occupancy-for instance, whether the rent was a consolidated rent for the entire holding;
(b)any reason which may have led the landholder to permit the ryot to hold the additional land whether in consideration of an addition to his total rent or otherwise;
(c)any reason which may have led the ryot to consent to hold a reduced area without a corresponding reduction in his rent.
Explanation. - In determining whether the landholder has permitted the ryot to hold the additional land or whether the ryot has consented to hold the reduced area without a corresponding reduction in rent, the Collector may take into consideration the length of time during which the occupancy has lasted without dispute as to rent or area; and
(d)the length of the measure used or in local use at the time of the origin of the occupancy as compared with that used or in local use at the time of the application.