Section 29 of The Bengal Irrigation Act, 1876 — Provided that no part of the said compensation shall have been received by the said tenant in respect of such reduction in the value of his holding

Bare section text

Official Legislative Text

Enhancement of rent on restoration of water-supply If a water-supply increasing the value of such holding is afterwards restored to the said land otherwise than at the cost of the tenant, the rent of the tenant may be enhanced, in respect of the increased value of such land due to the restored water-supply, to an amount not exceeding that at which it stood immediately before the abatement.

Educational Study Layer

Summary

A tenant cannot claim a rent abatement if they have already received any part of the compensation for the reduction in the value of their holding.
This rule prevents double-recovery, meaning a tenant cannot benefit from both a direct compensation payment and a rent reduction for the same loss.
The restriction specifically targets compensation received in respect of such reduction in the value of his holding.

Practical examples

1A tenant named Dipak holds a lease on land where the water supply was stopped, qualifying for compensation. The Collector awards 5,000 rupees directly to Dipak to compensate him for the reduction in his holding's value, and Dipak accepts and receives this cash. Two weeks later, Dipak applies to his landlord for an abatement of rent under Section 28. Under Section 29 of the Act, his landlord can refuse the rent reduction because Dipak has already received compensation for the exact same reduction in the value of his holding.

2A tenant named Ranjit experiences a water stoppage that reduces the value of his farm. Instead of accepting any direct cash compensation from the Government, Ranjit declines his portion of the award so that he can seek a long-term rent reduction from his landlord. Because Ranjit has received no part of the compensation, his landlord must allow the rent reduction. Under Section 29 of the Act, Ranjit's claim is valid because the condition of not receiving compensation is met.

FAQ

1. Can a tenant receive both Government compensation and a rent reduction for the same water stoppage under Section 29?

No, Section 29 of the Act prohibits a tenant from claiming a rent reduction if they have already received any part of the compensation for the reduction in their holding's value.

2. What is the purpose of the condition set out in Section 29?

The purpose of Section 29 of the Act is to prevent double-recovery, ensuring a tenant does not get both a cash compensation payment and a lower rent for the same water loss.

3. Under Section 29, does receiving any other type of compensation bar a tenant from claiming rent reduction?

No, Section 29 of the Act only bars rent reduction if the compensation received by the tenant was specifically in respect of such reduction in the value of his holding.

Practice Quiz

Q1.If a tenant receives 2,000 rupees as compensation from the Government for the reduction in the value of their land due to a water stoppage, can they also claim a rent reduction from their landlord under Section 29 of the Act?

Q2.Under Section 29 of the Act, what specific type of compensation prevents a tenant from claiming a rent abatement?

Q3.A tenant's water supply is cut off, and they wish to claim a rent abatement. Under Section 28 and Section 29 of the Act, which of the following is a key prerequisite for this claim to be successful?

Q4.If a tenant receives a payment for damage to their standing crops under a different section, does Section 29 of the Act prevent them from claiming a rent reduction for a long-term water supply stoppage?

28PreviousSection 28 Abatement of rent on interruption of water-supply 30NextSection 30 Such enhancement shall be on account only of the restored water-supply, and shall not affect the liability of the tenant to enhancement of rent on any other grounds.

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