Where the rent of a tenant having a
right of occupancy in any land is a share of the produce, or of the appraised value thereof, with or without
an addition in money, or is paid according to rates fixed with reference to the nature of the crops grown,
or is a rent in gross payable in kind, the tenant shall be entitled to occupy
the land at that rent :
Provided that, when the land or any part thereof previously not irrigated or flooded becomes irrigated or flooded, the rent payable in respect of the land or part may, subject to the provisions of this Act, be enhanced to the share or rates, or with reference to the rent in gross, as the case may be, paid by tenants, having a similar right of occupancy, for irrigated or flooded land of a similar description and with similar advantages.
Provided that, when the land or any part thereof previously not irrigated or flooded becomes irrigated or flooded, the rent payable in respect of the land or part may, subject to the provisions of this Act, be enhanced to the share or rates, or with reference to the rent in gross, as the case may be, paid by tenants, having a similar right of occupancy, for irrigated or flooded land of a similar description and with similar advantages.