Section 86. Power of Court to deal with cases of drought or other calamity in suits for arrears.

(1) Where, in answer to a suit for an arrear, the tenant admits that the arrear is due, but pleads that the produce of his holding during the period in respect of which the arrear is claimed has been diminished or destroyed by drought, hail or other extraordinary calamity beyond his control, the Court in its discretion may, notwithstanding any contract to the contrary, allow in its decree any deduction from the arrear, and direct payment of the amount decreed (if any) in such instalments (if any) as it thinks fit. (2) In any such case the Court may order that the provisions of sections 84 and 85 shall not apply to the decree. (3) In making a decree under this section the Court shall have regard to.-- (a) the value of the produce of the holding for the whole agricultural year in respect of which the arrear accrued ; and (b) the proportion which the amount of rent payable for that year by the tenant bears to that value. (4) If in any such suit it appears that the land-revenue of the village in which the holding is situate has been, wholly or in part, suspended or remitted on account of drought, hail or other extraordinary calamity in respect of the period for which the arrear is claimed, the Court shall presume, until shown, that the diminution or destruction alleged by the tenant has taken place.