Section 7(2) in The Kosi Area (Restoration of Lands to Raiyats) Act, 1951
(2)The amount to be determined under clause (b) of sub-section (1) shall be the cost of improvements if any, effected on the holding or portion thereof which the Collector may deem fair and equitable and. -(a)where the holding or portion thereof is in possession of the landlord or any other person to whom it was sold in execution of a decree for arrears of rent -(i)in the case of an entire holding or, if only a portion of a holding was sold, in the case of the whole of such portion, a sum equal to the entire amount, if any, which the raiyat or any person having a claim against the raiyat may have withdrawn out of the proceeds of the sale of such holding or portion and the aggregate of the amount mentioned in the sale proclamation for the realisation of which the holding or portion was sold and of the amount of costs necessarily incurred by the landlord, or any person to whom it was sold, in connection with his application for delivery of possession; and(ii)in the case of a portion of a holding, if the entire holding was sold, or part of a portion, if only a portion of the holding was sold, such part of the sum mentioned in sub-clause (i) as the Collector may deem fair and equitable after considering all the circumstances of the case including the value of the entire land sold and of the portion to be restored;(b)where the holding or portion thereof is in possession of the landlord as a result of execution of a decree for ejectment under sub-section (2) of Section 66 of the Bihar Tenancy Act, 1885, a sum equal to the amount of arrears of rent with interest thereon legally recoverable on the date of the institution of the suit for ejectment and costs of the suit mentioned in the decree passed under sub-section (2) of Section 66 of the Bihar Tenancy Act, 1885;(c)where the holding or portion thereof is in possession of the landlord as a result of abandonment under Section 87 of the Bihar Tenancy Act, 1885 a sum equal to the amount of arrears of rent with interest thereon legally recoverable on the date of abandonment; and(d)where the holding or portion of such holding is in possession of any person, other than the landlord or any person to whom it was sold in execution of a decree for arrears of rent, by settlement, sale, mortgage or any other kind of transfer, a sum equal to the amount of salami, consideration money or, where there is no document of transfer or where no consideration money is mentioned in the document of transfer, any amount that the Collector may deem fair and equitable in the circumstances of the case:Provided that in the case of a settlement, sale, mortgage or any other kind of transfer made or created at any time after the 31st December, 1950, the Collector shall hear the raiyat and the parties to the transfer and make such inquiry as he thinks fit in respect of the amount of the salami or consideration money mentioned in the document of transfer and, if he is satisfied that the amount was mentioned in the document with the object of obtaining a higher amount under this clause, determine the actual amount of salami or consideration money paid under the document.
