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[Cites 0, Cited by 0] [Section 138] [Entire Act]

State of Assam - Subsection

Section 138(2) in Goalpara Tenancy Act, 1929

(2)When 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 parties thereto are correct.Illustration.-A, a proprietor agrees the B, this tenant, shall be recorded as an occupancy raiyat. This affects the rights of the tenant of it. The Court must under this sub-section enquire whether B is a permanent tenure-holder, jotedar or a raiyat as defined in Section 6. 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 permanent tenure-holder or jotedar.