(1)The provisions of Rule 3 in Order XXIII in the first Schedule to the Code of Civil Procedure, 1908 (V of 1908), shall not apply to any suit under this Act.(2)If any suit under this Act is adjusted wholly or in part by any lawful agreement or compromise, or if the defendant satisfies the plaintiff in respect to the whole or any part of the matter of the suit, the Court shall pass a decree in accordance with such agreement, compromise or satisfaction, so far as it relates to the suit :Provided that no decree shall be passed in accordance with any agreement or compromise the terms of which, if they were embodied in a contract, could not be enforced under this Act.(3)Where any agreement or compromise has been made for the purpose of settling a dispute as to the rent payable, the Court shall, in order to ascertain whether the effect of such agreement or compromise would be to enhance the rent in a manner, or to an extent not allowed by Section 34 in the case of contract, record evidence as to the rent which was legally payable immediately before the period in respect of which the dispute arose.(4)Where the terms of any agreement or compromise are such as might unfairly or inequitably affect the rights of third parties, the Court shall not pass a decree in accordance with such agreement or compromise unless and until it is satisfied by evidence that the statements made by the parties thereto are correct.Illustration. - A, a proprietor, agrees that B, his tenant, shall be recorded as an occupancy-raiyat this affects the rights of the tenants of B. The Court must under Sub-section (4), inquire whether B is a tenure holder or a raiyat as defined in Chapter II. If the Court finds on the evidence that B is a raiyat, it may pass a decree in accordance with the agreement, but shall not do so if it finds that B is a tenure holder.(5)A decree passed in accordance with any lawfully agreement, compromise or satisfaction shall be final so far as it relates to so much of the subject matter of the suit as dealt with by such agreement, compromise or satisfaction.
