(1)If a raiyat voluntarily abandons his residence, if any, in the village, and ceases to cultivate his holding either by himself or by some other person, without arranging for the payment of his rent as it falls due and giving notice of such arrangement to the landlord, the landlord may, at any time after the expiration of the agricultural year in which the raiyat so abandons and ceases to cultivate, enter on the holding and- let it to another tenant or take it into cultivation himself:Provided that when there is in such abandoned holding a bona fide and valid sub-tenancy, the sub-tenant shall be entitled to continue to hold his land as a sub-tenant under the landlord, as if the tenancy abandoned were still in existence, or under any person to whom the landlord has let the abandoned holding, for the remaining period of his sub-lease:Provided also that on proof that the land is held by sub-tenant at a rent which was not at the time the sub-lease was granted a fair rent, the Court may enhance the rent to such amount as appears to be fair and equitable.(2)Before a landlord enters under this section he shall file a notice in the prescribed form in the Deputy Commissioner's office stating that he has treated the holding as abandoned and is about to enter on it accordingly and the Deputy Commissioner shall cause a notice to be published in such manner as may be prescribed.(3)When a landlord enters, under this section, the raiyat shall be entitled to institute a suit for recovery of possession of the land, in the case of an occupancy raiyat, within two years, and in the case of a non-occupancy raiyat, within six months, from the date of the publication of the notice, and thereupon the Civil Court may, on being satisfied that the raiyat did not voluntarily abandon his holding, order recovery of possession on such terms, if any, with respect to compensation to persons injured and payment of arrears of rent as the Court may seem just.
