Partition of land held in severalty or in common

(1) Where there are no lands held in common, the lands held in severalty by the applicant for partition shall be declared a separate holding and shall be separately assessed to land revenue. (2) Where some of the lands are held in common, the Sub-Deputy Collector shall make such division as may secure to the applicant his fair portion of common lands falling by the partition to the share of the applicant shall be added to the land held by him in severalty, and the aggregate thus formed shall be declared a separate holding and shall be separately assessed to land revenue. (3) Where all the lands are held in common, the Deputy Comissioner shall make such a partition as may secure to the applicant his fair share of the holding, and the land allotted to him shall be declared a separate holding and shall be separately assessed to land revenue: Provided that in making partition under this section the Deputy Commissioner shall give effect to any transfer of lands held in severally, forming part of the holding, agreed to by the parties and made before the order for partition.