34A. [ Consequences for failure of landlord to apply under Section 26. [Inserted vide Orissa Act No. 8 of 1967.]
- In any case where the landlord in respect of any land fails to apply in accordance with the provisions of Section 26 the Revenue Officer shall, on the expiry of the period specified in the said section, consider the application filed by the tenant in respect of such land and after giving the persons interested an opportunity of being heard determine the particulars of the resumable and non-resumable lands alongwith to other matter required to be determined under Sections 27 and 28 and on such determination the remaining [Provisions of this Chapter] so far as may be, shall apply :Provided that if any such case the landlord contest the claim on the ground that the applicant is not the tenant and the tenant succeeds in establishing his claim the Revenue Officer shall, after giving the tenant an opportunity of selecting the non-resumable lands, determine the aforesaid particulars so far as may be, in accordance with the selection, if any, made by the tenant:Provided further that if the landlord does not contest the claim as aforesaid he shall have the right to select the resumable lands and the said particulars shall, so far as may be, determined in accordance with the selection, if any, made by landlord.]
