COMPENSATION FOR DISTURBANCE 59 



he were then entitled to claim three-fourths of the cost of 

 the improvement. 



The provision of compensation for the unexhausted value 

 of lime, manures, etc., which the tenants may have applied to 

 the land would he a new provision in the Indian law ; and 

 it would have, I am sure, a very salutary effect in inducing 

 tenants to use these means of maintaining the soil in a fully 

 productive condition. 



(3) The grant of compensation for disturbance would he 

 a novelty in Indian tenancy law, as it was a novelty when in- 

 troduced in England by the Agricultural Holdings Act of 

 1908. It is obviously expedient as well a? just that the ten- 

 ant should receive a refund of the monetary loss which he 

 must necessarily suffer on being ejected from his holding, 

 provided that the ejectment is not the result of some wrong- 

 doing on his part. Obviously, if the tenant fails to pay his 

 rent regularly when others can do so ; if he is contumacious 

 and raises unwarranted disputes with the agent or his zil- 

 ladars, or with neighboring tenants ; if he encroaches on 

 his neighbor's land or frequently injures the cultivation 

 of neighbors by allowing weeds to spread, or his cattle 

 to stray in these cases he is not a desirable tenant, and 

 he does not deserve compensation for disturbance if the 

 landlord should decide to eject him. Ejectment on account 

 of such acts may be considered to be in accordance with 

 good estate management. The provision I suggest is that 

 if the landlord ejects a tenant for any reason which he con- 

 siders to be in accordance with good estate management, 

 he may apply to the Court to dispense with the compensation 

 for disturbance ; and doubtless, if the Court were satisfied 

 as to the reason for ejectment, the tenant would lose his 

 compensation for disturbance. 



As regards the amount of compensation for disturbance, it 

 must be estimated on the presumed loss which the cultivator 





