If in a case to which the provisions of sub-section (5) of Section 163 apply, the Court or any Court which passes orders in the suit in appeal, reference or revision finds either that the tenant is not an exproprietary, an occupancy or a hereditary tenant or that no part of the arrear specified in the notice was due by the tenant as arrears of rent on the date on which the application was made under the provisions of sub-section (1) of Section 163, it shall dismiss the suit and cancel with effect from the date of such dismissal the order of the tahsildar passed under the provisions of that section directing the tenant to pay 1 [ in the manner laid down in Section 131 ] the instalments of rent.
1 Subs. by U.P. Act No. 10 of 1947, for the words (from his holding). w.e.f. 14.06.1947