- [(1) An application for commutation, enhancement or reduction of rent or for alteration of rent with reference to area, shall be made only by or against the landholder in possession of the estate or the part concerned, as the case may be:] [Substituted for the original sub-section (1) by section 116(1) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]Provided that -(i)where it appears that such landholder is not the owner of the estate or the party concerned, notice of the application shall, at the expense of the applicant, be given by the Revenue Court to the owner who shall be made a party to the application; and(ii)where such landholder is not the owner of the estate or the party concerned and is unwilling to make an application for commutation, enhancement or alteration of rent, the owner may make such application making the landholder in possession a party thereto; but any rent which may be fixed by the Revenue Court in such application shall be payable only to the landholder entitled to possession of the estate or the part concerned.(2)Proceedings under [Chapter VIII] [Substituted for the expression 'Chapter VII' by section 116(ii) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] shall be taken against the landholder in possession, but if such landholder is not also the owner, the latter shall be made a party to the proceedings.(3)Either the owner or the landholder, where the landholder entitled to the present possession of the estate is not the owner thereof, may as landholder make an application under [section 164,168 or 186] [Substituted for 'sections 164,168 or 186' by the Madras Repealing and Amending Act, 1955 (Madras Act XXXVI of 1955).], but notice of the application shall be given to the other.
