158Rent, how calculated for commutation, variation or determination
Subject to the provisions of sections 160 and 163, when rent is to be determined or commuted into fixed money rent, or the fixed money rent or the bighori determined under section 151 is to be abated or enhanced, the court shall calculate the rent--
(a) in the case of hereditary tenants, in accordance with the rates sanctioned for hereditary tenants; and
(b) in case of occupancy and exproprietary tenants, in accordance with rates which shall conform to the scale prescribed for such tenants in relation to hereditary tenants under the provisions of sections 63 and 64:
Provided that, for special reasons to be recorded, the court may modify the sanctioned rates applicable to any particular case, and it shall modify such rates if it finds that, as a result of their application, the rent arrived at on commutation, abatement, enhancement or determination, as the case may be, is substantially different from the money value of the rent payable by the same class of tenants under the provisions of sections 63 and 64.
Download our fully-offline, High speed android app.- Click here
- 151 Commutation of rent from kind to cash
- 152 Commutation of rent from cash to kind
- 153 Grounds of abatement of fixed money rent
- 154 Ground of enhancement of fixed money rent
- 155 Order for determination, commutation or variation of rent, when to take effect
- 156 Joinder of parties in cases relating to variation of rent
- 157 Determination of rent on partial ejectment
- 158 Rent, how calculated for commutation, variation or determination
- 159 Meaning of "substantial" in certain sections
- 160 Basis of variation of rent in certain cases
- 161 Period for which rent is not liable to modification
- 162 Applications for variation of rent, by whom to be entertained