Where, in any proceeding for the settlement of rents under Section 101, of any of the following issues arises, namely :(a)whether the land is, or not liable to the payment of rent,(b)whether the land, although entered in the record-of- rights as being held rent-free is liable to the payment of rent,(c)whether the relation of landlord and tenant exists,(d)whether the land has been wrongly recorded as part of a particular' estate or tenancy, or wrongly omitted from the land of an estate or tenancy ;(e)whether the tenant belongs to a class different from that to which he is shown in the record-of-rights as belonging ;(f)whether the special conditions and incidents of the tenancy, or any right-of-way or other easement over or appurtenant to the land, have not or has not been recorded or have or has been wrongly recorded ;(g)whether the rent recorded as payable at the final publication of the record-of-rights was correctly entered, and if not, what was the rent payable at the time,the Revenue Officer shall, on payment of the prescribed fee, try and decide such issue, and settle the rent under Section 101 accordingly :Provided that the Revenue Officer shall not try any issue under this section which has been, or is already directly and substantially in issue between the same parties, or between parties under whom they or any of them claim, and has been tried and decided or is already being tried, by a Revenue Officer in a suit instituted before him under Section 103.
