Chapter 3 Chapter 3

Security of the Land-revenue

No partition of an estate made after the commencement of this Act shall relieve any land from liabili~y lo the Government for rhe total demand ol' land-revenue assessed upon [he estate or which the land forms part, unless the partition is made as herein provided.

Except as otherwise provided in this Ac(, the amount of land-revenuc assessed on each separate estate shall bear thc same proporlion to [lie whole amount of land-revenue for which the parent eslale was liable as the assets of such separate estate bear to the whole assets of the parent estate.

Subject to clauses

1. (L) and
2. (c) of seclioi 2 of this Act, no panition of an esrare shall be made, and noapplicarion for thepartilion of an estate shall bc admiued,-
3. (a) if the annual amount of land-revenue for which the sepa- rate estate of the applicant would, after parlition, be liable would not exceed ten rupees; or
4. (b) if, after separation of the applicnnr's interest, the annual amount of land-revcnue for which the separateestate of the remaining proprietor orpmprietorswouId be liable would not exceed Eve rupees; or
5. (c) if the Collector considers that For any of the separate esmtes would be likely lo prove an insufficienr security Tor the payment of the land-revenue which would be sepa- rately charged,upon it.

1. (1) Any Civil Court which has made a dccree for the parlition or fur the separate possession of a share of an undivided estate paying land-revenue to the Government may, notwithstanding anything in [section 54 of the Code of Civil Procedure, 1908], cause the decree lo bc executed in the manncr res scribed in 'rules I 3 and 14 in Order XXVI in Schedule I to] [hat Code; and if it does SO the joint and several liabilily of the enrire cstale for the whole of the land-revenue chargeable upon it shall nor be prejudiced or affected.
2. (2) If any decrce is senr to the Collector far execution under '[section 54] or the said Code, the execu~ion thereof shal l be subject to the restrictions imposed by section I I of this Act.

Thc Colleclor may rcl'use to admir an application for the rormarion of land held in severalty into a separate estate, or to proceed with a partition undertaken on such an applicalion, or LO admil or proceed wirkiany other application forparlirion, if. in consequence OF' the land being intermingled with lhat held by other proprielors, che resull OF 111e parlition would be to for1 out of a compact estate one or rnore estates consisring OF scattered parcels of land in such a way as, in the opinion uF the Collector, to endanger the safcly of the land-revenue : Provided as follows :

1. (a) a partition may be allowed in any such case if the recorded proprietors agree to such a distribulion of land as would make the estates Formed by the parlition reasonably compact;
2. (b) nothing in this section shall be deemed to prohibii the partition into 'separate esrates OF any parent estate which before sucl~ parriiion is not compacr and consist only of scartcrcd parcels of land.

No proprietor who has alienated any portion of his interesr in an estate, or in any specific land oFan estate, by privare contract, wirh ihzcondirion rhnt thc rransferecshall be Iiablein respect of the interesr acquired by him to pay a specified aniounr or a specified share of the land-revcnue For which lheestatc is liable (such amounr orshare being other than rhe proportionate amount or the proponionate share for which such transt'errcd interest it' formed inlo a separare estate would be liable u~ider section 10). and no proprietor who has derived his title from any proprietor who has made any alienation as aforesaid, shall be enrilled i~ claim n separation under this Act of lhe interest which he continues LO hold in the estate: and nosucl~ transfereeasilfuresaid, undno personderiving his title from such a ~ransfcree, shall be entitled to claim a separation of the illrerest which has been so acquired : Provided that a separation of such interests may be made if the parties concerned agree-

1. (a) to waive the conditions of the contract as regards the proponion of land-revenue for which the transferor and transferee or their represenrarives respeclively are liable, and
2. (b) to hold the estales which may be allottcd to them respec- tively by the partition subject lo the payment of such amount of land-revenue as may be assessed upon them respectively under this Act.

If any estate has been declared 10 be under partirion as provided in section 29, any arrears of land-revenue accruing due thereon before the date speciiied in the notice isssued under secrion 94 may be realized by sale of the cslateas if he same had not been declared to be under partition; and, if such sale takes place, the partition proceedings shall cease from the date thereof, but shall be revived if the sale is set aside.

Nothing contained in section 15 shall be deemed to affect the provisions of section 10, section 1 I, section 13, section 13 or section 14 of '[the Bengal Land-revenue Sales Act, 1859,] or any similar law for the time being in force, in respect to [he opening of separate accounts fur different shares in an estate and the protection afforded to such shares thereby : Provided [hat, if any share in any estate is sold For its own arrears of land-revenue while such estate is under parlition in accordance with he provisions of this Act, such share shall be sold subject to the partition proceedings, which shall proceed as if no such sale had taken place; and the purchaser of thc share sold may, from the date of such sale, excrcise all the rights which the proprietor whose share he has purchased might have exercised, and shall be subject to all the liabilities to which such proprietor would have beensubject in respect of the partilion proceedings.