Chapter 4 Chapter 4

Initiation and Discontinuancc of Parti tion Proceedings

Every application for partition shall be made in writing lo the Collector uF the district on the revenue-roll oF which the estate is borne, and shall be presented by the applicant or by his duly authorized agent.

Every such applica~ion shall be signed by the applican~ or by his duly aulhorized ngenr, and shall conrain the following p;irriculars, so far as they arc known to or can be ascertained by him. namely :-

1. (a) the name or the parent esratc ;
2. (b) the numhcr under which such estate is borne on the revcnue-roll, and the land-revenue demand for which it is liable ;
3. (c) the number under which such estate is borne on the Collector's General Regisrer of therevcnue-paying lands;
4. (d) the name and address of every proprietor, whether re- corded or unrecorded, of such estate, the name and address of evey proprietor of any orhcr estate holding land in common with the proprietors of the parent estate, and the name of the post office of the arca wi~hin which each of the said proprierors resides ;
5. (e) the character and extent of the interest of which each proprietor oF the parent esrate is in possession ;
6. (f) a specification of any land held by proprietors of the parent estate in commun with proprielors of other estla~es and of the rights of such proprietors respectively in such land : and
7. (g) such further particulars, if any, as may be prescribed by rules made by the Board.

1. (1) Every such application shall, subject to the provisions of sub-section
2. (4) of this section, be accompanied by a copy of the rent-roll of the estate, and by a specification referring to the papers of every measurement and record-of-rights which has respectively been made of and prepared for the estate, by any officer appointed in that behalf by the State Government or other competent authority and of which the person verifying the application under sub-section
3. (2) has knowledge.
4. (2) The said application, rent-roll and specification shall be verified at the foot of the application, by the applicant, or by his duly authorized agent having personal knowledge of the facts stated herein in the manner following, or to the like effect :- "I, A.B., declare that the particulars contained in this application and in the rent-roll and specification accompanying it are correct to the best of my knowledge and belief.".
5. (3) If the said application, rent-roll or specification contains any entry which the person making the verification knows or believes to be false, or does not believe to be true, such person shall be liable to be punished in the same manner as if he gave false evidence.
6. (4) If the person presenting the application is unable to produce a rent-roll as required by sub-section
7. (1) of this section, he shall state the reason of such inability, and the name and address of the person who has in his possession the information necessary for the preparation of such rent-roll; and the Collector may, if he thinks fit, require such person to produce such rent-roll.

If any such application does not in the opinion of the Collector fulfil the requirements of the foregoing sections of this chapter, he may either reject it or return it for amendment.

If in the opinion of the Collector the application fulfils the said requirements, and if there appears to him to be no objection to making the partition he shall-

1. (a) publish a notification of the application in the manner prescribed by section 104, and also by causing copies to be posted up at the Court of the Judge of the district and at the Court of every Munsif and Subdivisional Officer within whose jurisdiction, and at every police-station within the jurisdiction of which, any land appertaining to the estate is known to be situated;
2. (b) by such notification invite any person claiming any proprietary right in the estate, who may object to the partition, to state his objection, either in person or by duly authorized agent, on or before a day to be specified in the notification, not being less than thirty or more than sixty days from the date of the publication of the notification on the estate ; and
3. (c) serve a notice of the application on such of the recorded proprietors of the estate as have not joined in the application, on any unrecorded proprietor who has been named in the application, and on every proprietor of any other estate who holds land in common with the proprietors of the estate to which the application relates.

1. (1) Every decree affecting a parent estate made by a Civil Court after the estate has been declared under section 29 to be under partition, but before the date specified in the notice served under section 94-
   • (a) shall be made in recognition of the proceedings in progress under this Act for the partition of the estate, and
   • (b) shall be framed in such manner that the decree may be applied to, and carried out in reference to, the separate estates which the Collector in his proceeding recorded under section 29 has ordered to be formed out of the parent estate.
2. (2) If the effect of any such decree be to declare any person or body of persons to be entitled to any extent of interest in the parent estate in excess of the extent of interest which the Collector in the said proceedings has declared to be held by such person or body of persons, the decree shall specify, separately in respect of every proprietor or body of proprietors of whose interests the Collector has separately specified the extent in the said proceedings, the proportion of such excess which such person or body of persons is entitled to recover from every such proprietor or body of proprietors; and every person or body of persons so entitled to recover any extent of interest from any such proprietor or body of proprietors shall, for the purposes of the partition proceedings be deemed to have the same rights, and to the same liabilities, as a person who has acquired such extent of interest from a proprietor or body of proprietors by private purchase after an estate has been brought under partition under section 29 and on the date on which the decree was passed ; and such person or body of persons may apply, as in this Act provided, for the separation and assignment to him or them of the lands representing the extent of interest so acquired ; and, notwithstanding anything contained in section 11, such application shall be dealt with as provided in section 30 ; and the lands thereupon assigned to the said person or body of persons shall be amalgamated with his or their separate estate.

1. (1) Every decree affecting a parent estate made by a Civil Court after the date specified in the notice served under section 94, in a suit which was instituted as mentioned in section 25,-
   • (a) shall be made in recognition of the partition proceedings, and
   • (b) shall be framed so as to give effect to the division of the parent estate into separate estates which has been ordered by the Collector, and so as not to disturb such division.
2. (2) If the effect of any such decree be to declare any person or body of persons to have been entitled to any extent of interest in the parent estate in excess of the extent of interest which is represented by the separate estate assigned to such person or body of persons by the Collector in the partition proceedings the decree shall specify, separately in respect of the proprietor or joint proprietors of every separate estate formed by the partition, the proportion of such excess of interest which such person or body of persons is entitled to recover from such proprietor or joint proprietors ; and every person or body of persons so entitled to recover any extent of interest from the proprietor or joint proprietors of a separate estate shall be entitled to recover such extent of interest out of the separate estate which has been assigned to such proprietor or joint proprietors, and out of such separate estate only ; and the decree shall be executed by placing the person or persons so entitled in the position of a recorded joint proprietor or recorded joint proprietors of such separate estate, holding the same as a joint undivided estate in common tenancy with the proprietor or joint proprietors to whom such separate estate was assigned by the Collector in the partition proceedings, the extent of the interest of the joint proprietors respectively in such estate being such as is declared in the decree.

1. (1) A Civil Court may at any time direct the Collector, upon an application being made to him in accordance with sections 17, 18 and 19,-
   • (a) to assign to any person land representing a specified interest in any estate, or in any specified village or tract of land in an estate, to be held by such person as a separate estate; or
   • (b) to divide off from any estate any specified land or villages, and to assign it or them to any person to be held as a separate estate : Provided that no Civil Court shall in any such case-
     • (i) specify the amount of land-revenue for which any separate estate which it may direct to be formed under the provisions of this section shall be liable, or
     • (ii) direct the Collector to carry out a partition otherwise than in accordance with the provisions of this Act.
2. (2) The Collector shall assess the land-revenue on every such separate estate in accordance with the provisions of this Act.

If an objection be made, within the time specified in the notification published under section 21, to an application for partition, or when all objections have been disposed of, and if the Collector has no reason to believe that any obstacle exists to his making the partition as applied for, he shall direct that the application be admitted, and shall record a proceeding-

1. (a) declaring the estate to be under partition for the purpose of forming and assigning to the applicant a separate estate ;
2. (b) declaring the extent of interest in the parent estate which he finds to be held by the applicant or joint applicants ; or, if more than one separate application for separation has been admitted, the extent of interest in the parent estate which he finds to be held by every separate applicant or body of joint applicants, respectively ;
3. (c) declaring the extent of interest which remains to any recorded proprietor or body of recorded proprietors who are not applicants ;
4. (d) ordering that land proportionate to the interest so declared to be held by each applicant, or body of joint applicants respectively, shall be formed into a separate estate, to be assigned to such applicant or body of joint applicants ; and
5. (e) ordering that land proportionate to the interest so declared to remain to any recorded proprietor or body of recorded proprietors who are not applicants shall be left forming a separate estate ; and shall at the same time issue a notice to each of the proprietors by registered post letter informing him that the application for partition has been admitted and that the partition will be proceeded with, and requiring him to register his name and address and to appoint an agent to accept service of process and to make any appearance or application or do any act required or authorized to be made or done by a party to a partition under this Act.

1. (1) At any time after the Collector has recorded a proceeding under section 29, and before the Deputy Collector has partitioned the land into separate estates under section 57, any recorded proprietor in the estate, other than the original applicant, may apply for the separation of his share.
2. (2) The Collector may reject or admit any such application ; and if he admits it may order either that proceedings for effecting such separation shall be carried on simultaneously with the previous proceedings, or that compliance with the application be postponed until such previous proceedings have been completed, and the shares separated in accordance therewith.
3. (3) When the consideration of any application which has been postponed under sub-section
4. (2) is resumed, the papers of the previous proceedings aforesaid may be used so far as they are applicable.

The Collector may refer any application for partition to any Deputy Collector for the purpose of making inquiries and doing any other thing authorized or required by this chapter :

Provided that every order-

1. (a) rejecting an application under section 22,
2. (b) directing, under section 23, that partition proceedings shall proceed or shall be postponed,
3. (c) directing, under section 29, that an application for partition be admitted,
4. (d) made under section 30, or
5. (e) appointing a Deputy Collector under section 32, and every proceeding recorded under section 29, shall be made and recorded, respectively, by the Collector and not by any Deputy Collector.

As soon as the Collector has declared an estate to be under partition as provided in section 29, he may appoint a Deputy Collector to carry out the partition and all or any of the proceedings necessary thereto.

1. (1) If, at any time after an order has been passed for making a partition of a parent estate, all the recorded proprietors of the estate present a petition to the effect that they do not wish the partition to proceed, the Collector may, after such inquiry as he considers necessary, strike the partition case off the file, and at the same time require the proprietors to pay all costs incurred in and about the partition.
2. (2) Any such costs which have not already been levied as provided in section 37 shall be levied in proportion to the shares of the respective proprietors.

1. (1) If, at any time after an order has been passed for making a partition, it appears to the Commissioner that any sufficient reason exists why the partition should not be proceeded with, he may, on the report of the Collector or otherwise, after issuing a notice calling on the persons interested to show cause why the partition should not be struck off the file, and considering any objections which may be made, order the partition case to be struck off the file.
2. (2) All costs which have not already been levied as provided in section 37 shall thereupon be levied in proportion to the shares of the respective proprietors.