Insertion of Chapter V-A

After Chapter V of the Principal Act, the following Chapter V-A shall be inserted, namely— “CHAPTER V-A PARTITION 51A. For the purposes of this Chapter, (a) ‘Fragment’ means a holding of less than one hectare of land in area; (b) ‘holding’ means the aggregate area of land held by a person as a landowner; (c) ‘land’ as distinct from the definition given in section 135, includes land used for non-agricultural purposes; (d) ‘partition’ means the division of a holding into two or more such holdings each separately liable for the revenue assessed thereon. 51-B. (1) A landowner may at any time, by applying in writing to the Deputy Commissioner, claim partition of the holding. (2) On receipt of such an application the Deputy Commissioner shall serve notice on all such recorded landowner of the land as have not joined in the application, requiring them to raise objections, if any, within a prescribed period: Provided that the Deputy Commissioner may, if he thinks it necessary, publish a proclamation as may be prescribed. (3) If any objection preferred under sub-section (2) raises any question of title which has not been already determined by a court of competent jurisdiction, the Deputy Commissioner shall stay the proceedings for such time as, in his opinion, is sufficient to admit of a suit being instituted in the civil court of the objection. (4) The Deputy Commissioner staying the proceeding under sub-section (3) shall make an order requiring the objector, or, if for any reason he deems it more equitable, the applicant, to institute such a suit not being instituted within that time, may disallow the objection, or dismiss the application, as the case may be. (5) If the objection preferred under sub-section (2) does not raise any question of title, the Deputy Commissioner shall dispose of it himself; unless for any reason he thinks it fit to require that it be submitted to a civil court for adjudication, in which event the provisions of sub-section (3) and sub-section (4) shall apply to the objection. 51-C. The Deputy Commissioner shall be guided by the decision of the civil court of competent jurisdiction on the question of title, and the proceedings stayed under sub-section (3) and sub-section (5) of section 51-B shall be disposed of when the decision of the civil court is communicated to the Sub-Deputy Collector by an interested party and after notice has been given to the other parties.”