Section 102 in The United Provinces Tenancy Act, 1939
102. Basis of variation of rent in certain cases
. - (1) In any proceeding for abatement of rent on tire ground that the area of the holding has been decreased by diluvion or encroachment or the taking up of land for a public purpose or a work of public utility or under the provisions of Section 54, or for enhancement on the ground that tire area of the holding has been increased by alluvion, the Court hall determine the rent with reference to the existing rent and the decrease or increase in the area of the holding.(2)In any proceedings for enhancement of rent on the ground that the productive powers of the holding have been increased by fluvial action or by an improvement effected by or at the expense of the land-holder, or for abatement of rent on the ground that such powers have been decreased by an improvement made by the land-holder or by any cause beyond the control of the tenant, the Court shall determine the rent with reference to the exiting rent and the increase or decrease of the productive powers.(3)In an application for the determination of the rent of a portion of a holding under Section 95, the Court shall determine the rent, with reference to the rent payable before ejectment or surrender and the loss of area due to such ejectment or surrender.(4)In a suit for abatement of rent of an under-proprietor or of a permanent lessee on a ground specified in the lease, agreement or decree, under which he holds, the Court shall determine the rent in accordance with the terms of such lease, agreement or decree.
