When in any suit for the recovery of rent, it is sought to recover the value of the praedial conditions appurtenant to a tenancy, an issue may be framed as to whether the value of the praedial conditions, when added to the rent payable in respect of the tenancy, exceeds a fair rent, and, if it is found that the resulting amount exceeds a fair rent, the Court shall decree the rent and so much (if any) of the value of the praedial conditions as, together with the rent will not exceed the sum which would, having regard to the special circumstances of the case, be a fair rent.
Chapter XIII Praedial Conditions and The Commutation and Record Thereof
Section 104: Procedure in suit for rent and value of praedial conditions
The Chota Nagpur Tenancy Act, 1908
How current this text is
Text as published by India Code for the Government of Jharkhand. The copy prints amendments in square brackets without naming the amending Acts and gives no "as amended up to" date; the newest amending instrument it names is the Chota Nagpur Tenancy (Amendment) Act, 1969 (President's Act 4 of 1969), while it already carries later wording such as references to the Regional Rural Banks Act, 1976 (section 3) and the Jharkhand Municipal Act, 2002 (section 1).
The copy prints no footnotes. Omitted words are shown as "[* * *]" where the copy shows them, and its typing errors (for example "mortgagte" in section 46 and "tor" in section 6) are reproduced as printed.
Chapter VII-A is printed only as a heading with the title "[* * *]" and contains no sections.
Schedule A, Schedule B and the Appendix (Part I: provisions of the Chota Nagpur Tenancy (Amendment) Act, 1920 not incorporated in the text; Part II: the Seraikela and Kharsawan (Laws) Act, 1951 with its Schedule of modifications) are printed at the end of the India Code file and are listed here by heading only.