85Claim for arrears of rent

(1) If rent, which is payable by batai or bighori, is in arrears, or if the tenant has, without sufficient cause, failed to cultivate his holding, the landholder may, within two years of the date on which rent became payable, apply to the tahsildar for the recovery of arrears of rent.

(2) An application for the recovery of fixed money-rent shall be made to the tahsildar within two years of the date on which such rent became payable.

(3) For purposes of the assessment of the rent recoverable under sub-section (1)--

(i) in case of batai, the provisions of sub-section (4) of section 76 shall apply, and

(ii) in case of batai or bighori, the entire area of the holding of the defendant shall, in the absence of evidence to the contrary, be deemed to have been actually cultivated during the period to which the claim relates.

(4) The tahsildar shall decide the case and submit the record for confirmation of the decree passed by him to the sub-divisional officer.