1 1 6 The Agricultural Holdings Act, 1908. [may, 



itself or under the contract of tenancy where the landlord 

 and the tenant fail to settle it by agreement, and where such 

 question is thereupon, under the provisions of the Act or of 

 the contract of tenancy, referred to arbitration. 



In that event the question is to be determined — notwith- 

 standing any agreement, under the contract of tenancy or 

 otherwise, providing for a different method of arbitration — 

 by a single arbitrator, in accordance with the rules set out 

 in the Second Schedule to the Act. These rules are the same 

 as those set out in Part II. of the Second Schedule to the Act 

 of 1900. 



Section 26. Freedom of Cropping and Disposal of Pro- 

 duce, — Sub-section (1) gives to the tenant — notwithstanding 

 any custom of the country or the provisions of any contract 

 of tenancy or agreement respecting the method of cropping 

 of arable lands — full right to practise any system of cropping 

 of the arable land and to dispose of the produce of the 

 holding ; subject to the proviso that he shall previously have 

 made, or as soon as may be shall make, suitable and adequate 

 provision to protect the holding from injury or deteriora- 

 tion ; which provision is, in the case of disposal of produce, 

 to consist in the return to the holding of the full equivalent 

 manurial value to the holding of crops sold off or removed 

 in contravention of the custom, contract, or agreement. But 

 this sub-section does not apply — (a) in the case of a tenancy 

 from year to year, as respects the year before the tenant 

 quits ; or any period after he has given or received notice to 

 quit which results in his quitting; or (b) in any other case, 

 as respects the year before the expiration of the contract of 

 tenancy. 



If the tenant exercises his rights under this section in such 

 a manner as to injure or deteriorate the holding, he is to be 

 liable to pay damages or be restrained by injunction; and 

 he is not entitled to compensation for improvements made 

 by way of provision to protect the holding from injury or 

 deterioration as required by the section. 



" Arable land" does not include land in grass which by 

 the contract of tenancy is to be retained in the same condition 

 throughout the tenancy. 



Section 27. Record of Holding.— -If, at the commence- 

 ment of a tenancy, either party so requires, a record of the 



