(3)In determining what is fair and equitable, the Court shall not leave to the tenure-holder 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-(a)the circumstances under which the tenure was created, for instance, whether the land comprised in the tenure, or a great portion of it, was first brought under cultivation by the agency or at the expense of the tenure-holder or his predecessors-in-interest, whether any fine or premium was paid on the creation of the tenure, and whether the tenure was originally created at a specially low rent for the purpose of reclamation; and(b)the improvements, if any, made by the tenure-holder or his predecessors-in-interest.
