Substitution of a new section for section 76 of Assam Act I of 1929

22. For section 76 of the said Act the following section shall be substituted, namely:— "76. (1) Save as provided elsewhere in this section, a division of a tenure or holding or a distribution of the rent payable in respect thereof shall not be valid unless such division or distribution has been expressly consented to in writing by both— (a) the landlord or the entire body of landlords or their agents duly authorised in that behalf, and (b) all the recorded co-sharer tenants: Provided that, if there is proved to have been made in any landlord’s rent-roll any entry showing that any tenure or holding has been divided or that the rent payable in respect thereof has been distributed, such landlord may be presumed to have given his express consent in writing to such division or distribution. (2) The Civil Court, on application made to it by a landlord or one or more co-sharer tenants for a division of a tenure or holding or for a distribution of the rent payable in respect thereof, or for the annulment or modification of a previous division or distribution other than the one made under this sub-section or under an agreement made between all the landlords and co-sharer tenants in conformity with the provisions of sub-section (1), may by order in writing, direct such division of the tenure or holding or such distribution of rent as the Court considers fair and equitable or annul or modify a division or distribution previously made other than the one of the nature referred to above if the Court considers it unfair and inequitable: Provided that— (a) no such order shall be passed without notice to the landlord or the remaining landlords and to all or the remaining co-sharer tenants, as the case may be, the prescribed process fee for which shall accompany the application; (b) no order for division or distribution shall be made which would result in bringing the rent for any portion below two rupees in the case of tenures or one rupee in the case of holdings; and (c) nothing contained in this sub-section shall be deemed to authorise a Court on an application from a tenant for division or distribution to direct a division or distribution in respect of the share of any tenant other than an applicant under this sub-section or a co-sharer tenant who has been joined as a co-applicant under sub-section (3). (3) On receipt of notice of an application from a tenant for division or distribution under sub-section (2) a co-sharer tenant may apply to be joined as a co-applicant, and upon such application the Court shall join the said co-sharer tenant as a co-applicant without further notice to the landlord or landlords and the remaining co-sharer tenants."