Where rent has heretofore been paid in kind, or based on an estimate or appraisement of the standing crop or on rates varying with the crops sown or partly in one of such ways and partly in another or other of such ways, the landholder or the tenant may use for the commutation of such rent to a fixed money rent, and the Court shall decree the suit unless, in a case in which the landholder is the plaintiff, on a plea by the tenant that the cultivated area or the produce of the holding is exceptionally liable to fluctuation by reason of damage by wild animals, flooding, and the like, it considers that commutation is undesirable, in which case it shall dismiss the suit.
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