(1) If it appears to a Court passing a decree in a suit for arrears of rent that the area of the holding was so decreased by diluvion or otherwise, or that the produce thereof was so diminished by drought, hail, deposit of sand or other like calamity during the period for which the arrear is claimed that the full amount of rent payable by the tenant for that period cannot be equitably decreed, the Court may, with the sanction of the Collector, allow such remission from the rent payable by the tenant for that period as may appear to it to be just.
(2) An order of the Collector under sub-section (1), giving or refusing sanction to remission of rent, shall not be questioned in any civil or revenue Court.
(3) Nothing in this section shall be deemed to authorize any remission in the rent payable by a permanent tenure-holder, or a thekedar or, except when the area of a holding is decreased by diluvion, by a fixed-rate tenant.
(4) No remission made under the provisions of this section shall be deemed to vary the rent payable by the tenant otherwise than for the period in respect of which such remission was made.
5) When a Court allows remission under this section the State Government or any authority empowered by it in this behalf shall order consequential remissions of rent and revenue in accordance with the principles contained in the Sixth Schedule :
Provided that nothing in this sub-section shall affect tracts assessed to revenue for periods of five or eight years.
(6) The provisions of this sub-section shall not apply to alluvial tracts in which there is a local custom providing for remissions of the rent of holdings, the culturable area of which has been decreased by diluvion, deposit of sand, or the like causes.
(2) An order of the Collector under sub-section (1), giving or refusing sanction to remission of rent, shall not be questioned in any civil or revenue Court.
(3) Nothing in this section shall be deemed to authorize any remission in the rent payable by a permanent tenure-holder, or a thekedar or, except when the area of a holding is decreased by diluvion, by a fixed-rate tenant.
(4) No remission made under the provisions of this section shall be deemed to vary the rent payable by the tenant otherwise than for the period in respect of which such remission was made.
5) When a Court allows remission under this section the State Government or any authority empowered by it in this behalf shall order consequential remissions of rent and revenue in accordance with the principles contained in the Sixth Schedule :
Provided that nothing in this sub-section shall affect tracts assessed to revenue for periods of five or eight years.
(6) The provisions of this sub-section shall not apply to alluvial tracts in which there is a local custom providing for remissions of the rent of holdings, the culturable area of which has been decreased by diluvion, deposit of sand, or the like causes.
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