Partition

(1) A tenant may sue in the court of the Sub-Divisional Officer for partition of his share in a holding comprising of agricultural land: Provided That where any question of title is raised no such partition shall be made, until such question has been decided by a civil court. (2) The Sub-Divisional Officer may, after hearing the co-tenure holders, divide the holding and apportion the assessment of the holding in accordance with the rules made under this Regulation. (3) No partition shall be allowed if it results in creating a holding, the area of which will be below two hectares. (4) Where in the course of partition the area of the holding of a co-tenure holder falls below two hectare, the Sub-Divisional Officer may, on an application being made in this behalf by such co-tenure holder, direct the sale of his interest in the holding to another co-tenure holder willing to purchase such interest at the price determined by the Sub-Divisional Officer in accordance with the rules made under this Regulation : Provided that if two or more co-tenure holders are willing to purchase such interest, the Sub-Divisional Officer shall order the sale to the co-tenure holder who offers to pay the highest price above the price determined by him. (5) If none of the co-tenure holders is willing to purchase the share of the co-tenure holder intending to sell his interest in the holding in accordance with sub-section (4), the Sub-Divisional Officer shall direct the sale of the interest of the co-tenure holders in the entire holding by public auction and shall distribute the proceeds of the sale after deducting the expences of the sale among the co-tenure holders in accordance with their respective interests in the holdings. (6) One suit may be instituted for the partition of more than one holding where all the parties to the suit are jointly interested in each of the holdings.