(1) Subject to the provisions of Section 102, Section 103, Section 111 and Section 126, in a suit in which rent is to be commuted, determined, abated or enhanced, the Court shall calculate the rent, -
(a) in the case of occupancy tenants, in accordance with the rates sanctioned for occupancy tenants;
(b) in the case of exproprietary tenants, and of tenants holding on special terms in Oudh, in accordance with rates which shall be less than the corresponding rates sanctioned for occupancy tenants by two annas in the rupee;
(c) in the case of hereditary and non-occupancy tenants, in accordance with the rates sanctioned for hereditary tenants :
Provided that in suits for the abatement of rent of sub-tenants or tenants of sir, sanctioned rates shall be deemed to have been increased by thirty-three and one-third per cent:
Provided further that for special reasons to be recorded, the Court may modify the rates applicable to any particular case.
(2) When rent, which is payable partly in cash and partly in kind, is abated or enhancement under the provisions of sub-section (1), the Court shall not alter that portion of the rent which is payable in kind and shall abate or enhance that portion of the rent which is payable in cash, so that the amount of rent payable by the tenant, including the value, as determined by it, of that portion of the rent which is payable in kind, shall be equal to the rent that would have been payable by the tenant if his rent had been payable wholly in cash.
Provided that, if it sees fit, the Court may order that the rent shall be payable wholly in cash.
(a) in the case of occupancy tenants, in accordance with the rates sanctioned for occupancy tenants;
(b) in the case of exproprietary tenants, and of tenants holding on special terms in Oudh, in accordance with rates which shall be less than the corresponding rates sanctioned for occupancy tenants by two annas in the rupee;
(c) in the case of hereditary and non-occupancy tenants, in accordance with the rates sanctioned for hereditary tenants :
Provided that in suits for the abatement of rent of sub-tenants or tenants of sir, sanctioned rates shall be deemed to have been increased by thirty-three and one-third per cent:
Provided further that for special reasons to be recorded, the Court may modify the rates applicable to any particular case.
(2) When rent, which is payable partly in cash and partly in kind, is abated or enhancement under the provisions of sub-section (1), the Court shall not alter that portion of the rent which is payable in kind and shall abate or enhance that portion of the rent which is payable in cash, so that the amount of rent payable by the tenant, including the value, as determined by it, of that portion of the rent which is payable in kind, shall be equal to the rent that would have been payable by the tenant if his rent had been payable wholly in cash.
Provided that, if it sees fit, the Court may order that the rent shall be payable wholly in cash.
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