Section 40. In case of difference as to the amount or value of the compensation rendered, either party may prese

40. In case of difference as to the amount or value of the compensation rendered, either party may present an application to the Court (on a paper bearing a stamp of eight annas,) stating the matter in dispute, and requesting a determination thereof. Provision for difference as to amount or value of compensation. Notice of such application shall be served on the other party by the proper officer, and the applicant shall pay the costs of service. On receiving such application, the Court, after taking such evidence as the parties or either of them may adduce, and after making such further enquiry (if any) as it may deem necessary, shall determine (as the case may be) the amount of the payment, or the terms of the lease, or both: Provided that, in determining such amount or value, the Court shall take into account any assistance given by the landlord, either directly by money, material or labour at the time of making such improvements, or indirectly by subsequently allowing the tenant to hold at a rate of rent more favourable than the rate at which he otherwise would have held.