(1)When a raiyat holds at fixed rates or has right of occupancy in his holding, or when a jotedar has a right of occupancy in his holding, neither the tenant nor his landlord shall, as such, be entitled to prevent the other from making an improvement in respect of the holding except on the ground that he is willing to make it himself:Provided that no tank, the site of which exceeds one standard bigha in area, shall be made without the permission of the proprietor or permanent tenure-holder within whose estate or tenure such tank is made.(2)Save as provided in sub-Sections (3) and (4), if both the tenant and the landlord wish to make the same improvement, the tenant shall have the prior right to make it.(3)If an improvement affects more than one holding held under the same landlord, the landlord shall have the prior right to make it, unless the tenants of the holdings agree to make to improvement jointly.(4)A landlord shall have the prior right to make an improvement if it affects land not held by any tenant and one or more holdings held by tenant under him.(5)Nothing in sub-Section (2) shall entitle tenants to make an improvement jointly, unless each such tenant has the right to make the particular improvement.
