Section 28(2)(b) in Goalpara Tenancy Act, 1929

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State of Assam - Subsection

Section 28(2)(b) in Goalpara Tenancy Act, 1929

(b)In determining what enhancement is fair and equitable, the Court shall not leave to the jotedar as profit less than 10 per cent of the balance which remains after deducting from the gross rents payable to him, the expenses of collecting them, and shall have regard to-

(i)the circumstances under which the jote was created, for instance, whether the land comprised in the jote, or a greater portion of it, was first brought under cultivation by the agency or at the expense of the jotedar of his predecessors in interest, whether any fine or premium was paid on the creation of the jote, and whether the jote was originally created at a specially low rent for the purpose of reclamation;

(ii)whether the rate of rent paid by the jotedar is below the average rate paid by jotedars for land of a similar description and with similar advantages in the village or in the vicinity and whether there is any sufficient reasons of this holding at so low-a-rate ;

(iii)any increase in profit that the jotedar has secured, since his rent was last settled or enhanced, and the expenses incurred in securing such increase;

(iv)the improvement, if any, made by the jotedar or the landlord or by their predecessors in interest ;

(v)the contract, if any, about any enhancement of rent, entered into between the landlord and the jotedar, or their predecessors in interest, before the passing of this Act.

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State of Assam - Subsection

Section 28(2)(b) in Goalpara Tenancy Act, 1929