81Assessment of bighori by court

(1) In case of bighori--

(a) if the landholder or the tenant neglects to measure the area sown at the proper time, or

(b) if there is a dispute about the extent of the area sown, the length of the measuring chain, or the manner of measurement of such area,

either party may make an application to the tahsildar, requesting that a measurer be appointed to measure such area.

With the application, the applicant shall deposit such fee as may be prescribed.

(2) The provisions of sub-sections (1) to (3) of section 79 shall apply to an application made under this section, as if for the words "kuta" and "officer", wherever they occur in such sub-sections, the words "measurement" and "measurer" respectively were substituted.

(3) On receipt of the measurer's award, the tahsildar shall issue notice to the parties to file objections, if any, within fifteen days of the date of service of such notice and, after hearing such objections, pass a decree for the arrears of rent found due, and submit the record of the case for confirmation of the decree passed by him to the sub-divisional officer.