(1) On receiving such application, the tahsildar shall issue a written notice to the opposite party to attend on the date and at the time and place specified in the notice, and shall depute an officer, by whom such division, estimate or appraisement shall be made.
(2) If the opposite party objects that the rent is not payable by division of the produce or is not based on an estimate or appraisement of the standing crop, or that no amount is to be paid, such officer shall record the objection, but shall proceed as hereinafter provided.
(3) Such officer shall call on each of the parties to appoint, and shall himself appoint, a resident of the neighbourhood, as an assessor to assist in the division of the produce, or in the estimate or appraisement of the crop.
(4) If either party fails to attend, or refuses to appoint an assessor, such officer shall nominate an assessor on his behalf.
(5) Such officer shall record the opinions of the assessors and, in making his award, shall have regard thereto.
(6) In the case of a division of the produce, if the parties agree to the manner of division proposed by the officer, the division shall be made accordingly. If the parties do not agree to such manner of division, and in all cases in which the rent is based on an estimate or appraisement of the standing crop or in which it is claimed that no rent is payable, such officer shall make an estimate of the value of the produce or crop and determine the amount to be paid. He shall then deliver his award and submit it with a report of his proceedings to the tahsildar.
(7) Notice shall be issued to the parties that the award has been delivered and they shall be entitled to file objections to the award within one week of the date of service of such notice; and the tahsildar shall, after hearing such objections and making such further inquiry as may appear to be necessary, confirm, modify or set aside the award, and if any amount is found due shall pass an order for the payment of such amount and costs, if any, and such order shall have the effect of a decree, for arrears of rent:
Provided that if the amount awarded under sub-section (6) exceeds two hundred rupees the tahsildar shall forward the case to the Assistant Collector in charge of the subdivision, who shall dispose.of it is accordance with the provisions of sub-section (7).
(2) If the opposite party objects that the rent is not payable by division of the produce or is not based on an estimate or appraisement of the standing crop, or that no amount is to be paid, such officer shall record the objection, but shall proceed as hereinafter provided.
(3) Such officer shall call on each of the parties to appoint, and shall himself appoint, a resident of the neighbourhood, as an assessor to assist in the division of the produce, or in the estimate or appraisement of the crop.
(4) If either party fails to attend, or refuses to appoint an assessor, such officer shall nominate an assessor on his behalf.
(5) Such officer shall record the opinions of the assessors and, in making his award, shall have regard thereto.
(6) In the case of a division of the produce, if the parties agree to the manner of division proposed by the officer, the division shall be made accordingly. If the parties do not agree to such manner of division, and in all cases in which the rent is based on an estimate or appraisement of the standing crop or in which it is claimed that no rent is payable, such officer shall make an estimate of the value of the produce or crop and determine the amount to be paid. He shall then deliver his award and submit it with a report of his proceedings to the tahsildar.
(7) Notice shall be issued to the parties that the award has been delivered and they shall be entitled to file objections to the award within one week of the date of service of such notice; and the tahsildar shall, after hearing such objections and making such further inquiry as may appear to be necessary, confirm, modify or set aside the award, and if any amount is found due shall pass an order for the payment of such amount and costs, if any, and such order shall have the effect of a decree, for arrears of rent:
Provided that if the amount awarded under sub-section (6) exceeds two hundred rupees the tahsildar shall forward the case to the Assistant Collector in charge of the subdivision, who shall dispose.of it is accordance with the provisions of sub-section (7).
---