Mode of partition of a holding

(1) Except as provided in sub-section (3), whenever in a suit for partition, the Court finds— (a) that the aggregate area of the holding or holdings to be partitioned does not exceed eight standard acres, or (b) that the partition will result in a holding of less than eight standard acres, the Court shall in the cases falling under clause (a) instead of proceeding to divide the holding or holdings direct the sale of the same and a distribution of the proceeds thereof, and in cases falling under clause (b), either proceed to divide the holding in accordance with such principles as may be prescribed or in the alternative dismiss the suit. (2) The rules framed under sub-section (1) shall prescribe the circumstances in which compensation may be awarded to a co-tenure holder in lieu of his share of holding and for the admission by the Gaon Sabha of such co-tenure holder to land under provisions of section 73. (3) In the case of a co-tenure holder to whom the provisions of section 36 apply and such tenure-holder has let out his share or part thereof in the holding, the Court shall divide the holding by separating the share aforesaid, but in respect of the remainder of the holding the Court will proceed in accordance with the provisions of this section, if applicable.