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State of Assam - Section

Section 124 in Goalpara Tenancy Act, 1929

124.

(1)Subject to the provisions of Section 113, the Court having jurisdiction to determine a suit for possession of land may, on the application either of the landlord or the tenant of the land, determine all or any of the following matters, namely :
(a)the situation, quantity and boundaries of the land ;
(b)the names and description of the tenant thereof (if any);
(c)the class or classes to which he belongs that is to say, whether he is a permanent tenure-holder, jotedar a raiyat holding at fixed rates, occupancy jotedar, non-occupancy raiyat, ordinary under-raiyat, or under-raiyat of the kind mentioned in sub- Section (1) of Section 17, and, if he is a permanent tenure- holder whether his rent is liable to enhancement during the continuance of his tenure ;
(d)the rent payable by him at the time of the application ; and
(e)any other incident of the tenancy.
(2)If in the opinion of the Court, any of these matters cannot be satisfactorily determined without a local inquiry, the Court may direct that a local inquiry be held under Order XXVI in Schedule to the Code of Civil Procedure, 1908 by such Revenue Officer as the Local Government may authorise in that behalf by the rule made under Rule 9 of Order XXVI in Schedule I to the said Code.
(3)The order, on any application under this section, shall have the effect of, and be subject to the like appeal, as a decree.