184. Partition -

 ‘Partition’ means the division of a partible estate in to two or more portions,  each consisting of one or more shares. 

185. Partible estates -

All estates shall be presumed to be impartial unless proved by  custom or otherwise to be partible. 

186. Persons entitled to swim partition -

(1) Every co-sharer of audible estate may claim  partition of his share in`such estate. 

(2) Any number of co-shares may join in such claim.

187. Application for partition -

An application for partition shall contain the  prescn.bedpan.culars and shall be accompanied by a certified copy of the annual register of  estate holder sand by any other document son which the claim for partition is based and may  be presented by one or jointly by two or more of the recorded Go-shares of an estate : 

Provided that. when any share is in possession of a mortgage no application of partition  by either Mortgagor or mortgagee shall be entertained unless both have fained in such  application or unless either of them has been made the opposite party thereto. 

188. To whom application lies -

Sublect to the provisions of Section 189, an application for  partition shall lie and be presented to the Collector of the district in which the estate sought to  be partitioned is situated : 

189. Partition of an estate falling under several districts –

When an estate is situated  tinware more districts, the partition shall be made 100[if such districts are in the same division  as the Commissioner may direct, or, if such districts are in different divjsjanS as the Board may  direct] 

(100 Subs. by Act No. 10 of 1987, Pub. in Raj. Gaz. Ex-ord. Part 4(A), dt. 9-4-1987, w.e.f. 31-1-1987 )

190. Consolidation of claims -

Where several claimants have brought m separate claims  tradition of the same estate, all such claimsshallbe consolidated 'for purpose of being tried  together as a single claim and shall be disposed of by one judgment. 

191. Power to stay partition of an estate -

(1) If on receipt of the application or any other  state of partition, there appears to be any sufficient reason, for staying or refusing the partition  of an estate, the Collector, Sub Divisional-Officer Assistant Collector to whom the application is  presented or before whom the application is pending, may stay the addition and order the  proceedings, to be quashed. 

(2) No estate shall be so partitioned as to result in one or more estates of less such  area, as may be prescribed. 

192. Proclamation of application for partition -

The Collector on receiv- ing an application  for partition shall, if it is in order & not open to objection on the face of it, or is not refused or  disallowed under Sedion 191, issue a proclamation calling upon such of the recorded co sharers in the estate sought to be partitioned as have not joined in the application to appear  before him in person or by a duly authorized agent on a day, not less than thirty or more than  sixty days from the date issue thereof, and to state their objections, if any, to the partition A  copy of the proclamation shall be served on each co-sharer. 

193. Objection raising question of title -

(1) If, on or before the day so fixed, any objection  is made by a recorded co-sharer, involving a question of proprieta y title, which has not been  already determined by a court of competent jurisdiction, the Collector may either - 

(a) Decline to grant the application the question in dispute has been deter- mined by a  competent court, or 

(b) require any party to the case to institute within three months a suit in the ONO court for  the determination of such question, or 

(c) proceed to enquire summarily into the merits of such question. 

(2) When proceedings have been postponed under sub-clause (b) of sub-sec- flan (1), if  such party fails ,to comply with the requisition, the Collector shall decide the question against  him. If the institutes the suit, the Collector snail deal with the case in accordance with the  decision of the civil court. 

(3) If the Collector decides to inquire into the merits of the objection, he shall the  procedure laid down in the Code of Civil Procedure, 1908 (Cen. tral Act V of 1908) for the trial  of original suits. 

(4) All decrees passed under sub-sectfon (3) shall be held to the decrees of a  civil court and shall be open to appeal to the district judge or the High Court, as the  case may be. under the rules applicable to appeals to those courts. 

194. Stay of partition pending decision of appeal -

The appellate court may issue a  precept to the Collector, schug him to stay the partition pending the decision of the appeal,  whether the appeal spending from a civil court under section 193(1)(b) or from the court of the  Collector under Section 193(3). 

195. Attachment of estate pending completion of partition -

(1) At any stage of the  application, the Collector may, with the sanction of the Board, attach the enh‘re estate and  hold it under direct management pending the completion of the partition. The collections from  the estate, while under such attachment, shall be applied first to the payment of the revenue and to the expenses of management and collection at the rate of ten percent of the amount  collected and then to the satisfaction of other charges with which the estate or any pad thereof  shall have been encumbered for the time being and the surplus, if any, will be divided amongst  the co-shares in proportion to the respective shares at such times as the profits are ordinarily  divisible. 

196. Method of trial -

(1) The Collector shall direct the patwari - 

(a) to mark on the map of the estate in some distinctive co|our the actual area sought to  be partitioned. 

(b) to show thereon the actual soil-classificat!on. 

(c) to prepare necessary abstracts from his khadra (field-book) and Khatauni (record of  cultivators) and other statements required for completing the partition. 

(d) to prepare a list of plots, if any, held as khudkasht, 

(e) to prepare a list of sub-holders, if any, 

(f) to suggest a method of valuation of the plots of land sought to be partitioned,

(g) to prepare a list of trees, showing complete details as to ownership and value,

(h) to give full details of income from jungle land and other sources of income, and

(i) to prepare a list of yucca wells, showing where they are situated, whose fields they  irrigate, and at whose expense they were constructed. 

(2) If the Collector thinks it desirable, he may appoint a temporary assistant to the  partway to enable the latter to complete the work expeditiously. The cost of the temporary  assistant will be paid by the plaintiff in the first instance and will be included in the costs of the  suit. 

197. Oetermlnation of principiesand conditions of valuations -

(1) The Collector shall  than proceed to determine, in accordance with rules made by the State Govemment in that  behalf, the general principles and conditions of valuation of all classes of lands comprising the  estate sought to be partitioned, with a view to making a ju-st estimate of the value of the  various plots therein, relatively to one another. Such value may vary not only with the area of  each plot but also with the class of its soil, the facih`tiesfor in/gallon, the nature of Itstenure,  the personal qualities of its tenants and other matters affecting the value. 

(2) The general principals and conditions of valuation having been settled the partway  shall work out the value each plot accordingly. 

198. Preliminary darn for partition -

(1) Upon completion of the inquiry prescribed by  Section 196 the Collector shall, if he does not dismiss application at this or any earlier stage,  make a preliminary order in the prescribed form, declaring the nature and extent of the share  of each claimant for partition, specifying the number of portions into which the estate shall be  divided and the extent of each portion, deciding all disputed questions/hat may have arisen in  connection with such division and detailing the mode In which the partition is to be made. 

(2) In any such order the Collector may direct the shares of any two or more claimants  may, if they agree thereto, be combined for the purposes of partition and  apodionproporatlonate in value to the extent of their joint shares may be separated from/he  entire estate, in which case the respective rights of each of such co-sharers in the newly  formed estate shall also be declared at the same time. 

199. Penman by whom to be made -

When the preliminary y order for partition has been  made the Collector shall allow the parties to make the partition themselves or appoint  arbitrators for the purpose. 

200. Partition by agreement -

If the parties agree to make the partition themselves, then- .

(a) a date shall be fixed to which the partition is to be completed, 

(b) such copies of the relevant records as they require shall be given to them free of  charge, 

(c) the partway shall be directed to give them all necessary assistance in carrying out the  partition in accordance with the terms of the preliminary order and preparing records of  tels of production before the Collector,

(d) they shall appear onthe date fixed and produce the records of lot & prepared as  aforesaid, together with a manor the estate showing in different colours the various lots  agreed to by them for allotment of each of the portions into which the estate is divided  

(e) the Collector shall get the lots signed in his presence by all the parties or their recognised agents duly authorized in that behalf, and 

(f) when action has been taken under clause (e), the lots shall be accepted if they comply  with the terms of the preliminary order and the provisions of law. 

201. Partition by arbitration -

(1) If the parties agree to appoint and do appoint arbitrators  for the purpose of making the partition, the Collector shall refer the partition to their arbitration.

(2) The provision of the Arbitration Act, 1940 (Central Act Xof 1940), shall apply  mutation mutandis to such agreement and reference to such arbitrators and their appointment  and proceedings and to the award made by them. 

(3) The provisions of Sec. 201 shall be applicable as if for the word parties, the word  ‘parties’, the word ‘arbitrators’ were substituted. 

(4) It shall not be necessary for the arbitrators appear andproducepersonally before the  Collector their award or to sign it or the lots in the presence of the Collector, but they shall sign  the award and the lots personally and not by any recognized agent before the same produced  before the Collector. 

202. Court when to make partition itself -

In case of disagreement among the dopiest  make the partition themselves or to appoint arbitrators for the purpose or when arbitration has  been superseded or the award has been set aside, the Collector shall decide to make the  pad/lion himself. 

203. Estimate and levy of partition costs -

(1) When the Collector has decided under  Section 202 to make the partition himself, he shall immediately cause the cost thereof to be  estimated and shall direct that such cost be levied in the first instance from the applicant for  partition or all co-shares in such instalments and at such time during the progress of the  partition as may be prescribed by the State Government 

(2) if the amount first estimated is found insufficient supplementary estimates may be  made from time to time and additional amount may be levied as above provided (3) The State Government shall make rules specifying the items which shall be included  in and for determining the costs of such pad/lions and the Board shall make rules for  determining the mode in which such costs are to be apportioned. 

204. Appointment of amins etc., and issue of warrant -

When the estimates costs of  partition are paid an amin or other suitable person shall be appointed to carry out the partition  and the Collector shall issue a warrant of commission in his name for the purpose and supply  him with all the necessary papers and information.

205. Manner of executing warrant -

(1) The amin or other person ap- aforesaid to make the  partition shal, upon the receipt of the warrant of commission,- 

(i) open and maintain a diary in which shall be recorded the date of the receipt of the  warrant, the day-to-day proceedings taken by him in the execution thereof the  places inspected by him for the purpose, the gist of the claims` and objections made  before him, the person making the same and the manner of, and reasons for, his  decision thereon, 

(ii) prepare a programme for personal inspection and give fortnight's notice thereof to  the parties, 

(iii) prepare and place on record a tentative !ilil, in accordance with the terms of the  preliminary order of the lots for each of the portions into which the estate is to be  divided, and 

(iv)proceed to the spot in accordance with the aforesaid programme, inspect the lands,  hear the pad/es if present and meet their objections, assemble all persons  interested therein with a view to giving them an opportunity to make orally or in  writing any claim or objection which they may have to any of such lands being  included in the portion sought to be separated, and dispose-Of all such claims and  objections on the spot in the presence of lambardars. 

(2) Such amin or person shall then return the warrant along with his report the manner  in which he has executed it, recording the lost proposed by him and specifying the person or  persons holding the same together with the nature of the tenure, engagement, lease or licence  under which they are so held. Along wah the respect shall be submitted - 

(a) the original diary maintained under clause (i) of sub-section (1), 

(b) a coloured map such as is referred to in clause Cd) of Sack-on 200 and

(c) such other statements and returns containing such particulars as may be prescribed  by the Board. 

206. Issue of proclamation -

On receiving such report the Collector shall issue a  proclamation calling upon all papers concerned to appear on a date to on fixed therein and  state their claims or objections, if any, against the proposals made under sub-section (2) of  Section 205 and cause a copy of such proclamation to be served on the parties requiring them  to file their objech-ons, if any, within fifteen days ,from the service thereof. 

207. Consideration of proposals and determination of claims and objections -

On the  date fixed, the Collector shall - 

(a) hear and dispose of, one by one- 

(i) the objections made by the parties, and 

(ii) the claims and objections lodged by other persons, and 

(b) then examine the proposals to see if they are in occa dance with the terms of the  preliminary order and comply with the provisions of law.

208. Division of tenants's holding -

In making partition the division of tenant's holdings  shall, as for as possible, be avoided and where such division is unavoidable, the rent of each  holding shall be distributed over the parts div Wed off. 

209. Division of khudkasht -

Lands in which khudkasht rights have accrued and subsist for  the time being shall be separately divided so that each portion made is allotted such pad  thereof as is proportionate in value to the extent of the share or shares constituting such  portion. 

210. Allotment of lands held in common -

(1) Lands held in common other than lands  referred to in Sec 209, shall be allotted in a manner so as to ensure that each portion gets  such part thereof as disproportionate in value to the share or shares constituting it. 

(2) Lands held in severalty, other than lands referred to in Section 209 shall as far as  possible, be aliened to the portion of the co-sharer or co-sharers holding them. 

211. Buildings, gardens etc. of one co sharer on land allotted to another -

If in making a  partition it is necessary to include in the portion aliened to a co-sharers the lands occupied by  a dwelling house or other building or by gardens or orchards in the possession agony other co sharer or which are. of special value such other co-sharer in consequence of improvements  made by him thereon at his own expense, the latter shall be allowed to retain such lands with  the buildings, orchards and improvements thereon, on condition of his paying therefore a  reasonable ground-rent. The limits of such|ands and the rent therefore shall be fixed by the  Collector in all such cases, a defined pathway shall, as far as possible, be secured to the  owner of the houses, gardens, orchards or improvements as the, case may be, leading  therefrom to some public highway or some portion of the separate estate aliened to him. 

212. Tanks, wells, water courses and embankments -

(1) Tanks, wells, water-courses and  embankments shall be considered as attached to the land for the benefit of which they were  originally made. 

(2) When, from the extent, situation or construction of such works, it is necessary that  they should continue the joint property `of the proprietors of two or more of the portions into  which the estate may be divided the Collector shall determine the extent to which the  proprietor of each portion may use the said works and the proportion in which the charge for  repairs thereof shall be borne by such proprietor and the manner in which the profits (if any)  derived therefrom shall be divided. 

213. Places of worship and cremation or burial grounds -

Places of worship and  cremation or burial grounds held in common before the partition shall continue to be so held,  unless the persons holding them otherwise decide by an agreement, which shall be filed with  the record.

214. Incompactness a reason for disallowing partition -

In making a partition the several  portions into which the estate is divided shall be made as compact as possible, provided that,  except with the sanction of the Board no partition shall be disallowed solely on the ground of  incompactness. 

215. Distribution of revenue on partition -

In all cases, whether partition has been made  by agreement or by arbitration or by Collector, the Collector shall, immediately after accepting  the lot sunder Section 200 or accepting the award under Section2Ol, or disposing of the claims  and objections and examining, under Sech`on 207, the proposals made by the amin or other  person entrusted with the execution of the warrant issued under Sec. 204, distribute the  revenue of the estate over the severalpodions into which the estate is divided, and, where any  suchpodion consist of more than one share, the extent of the liability of each holder of such  share therein shall also be determined 

216. Final order for partition -

(1) When the revenue has been distributed aforesaid, the  Collector shall draw up a final order specifying the following particulars, namely :-

(a) the lands of various classes allotted to each portion; 

(b) the revenue assessed on distribution under Section 215 as payable therefore;

(c) where any portion represents the shares of more than one co-sharer, the particular of  such co-sharers together with the nature and extent of the share of each therein; and

(d) the rights and obligations of each co-sharer or of the several co-sharers, a sthe case  may be, to get separate possession over the portion marked-out as aforesaid for him or  for them jointly. 

(2) When the final order has been drawn up by a subordinate officer to whom the case  was made over under the proviso to Section 188 such order shall be submitted to the Collector  who may confirm, vary or set as-ide the order or direct further inquiry to be made or additional  evidence to be taken in the case or may himself make such inquiry or take such evidence or  may frame fresh issues and safer them for trial : 

Provided that no order of confirmation shall be made until the period allowed for  preferring an appeal has expired or, an appeal is presented within such period unto a has  been disposed of : 

 Provided further that no order varying on settling aside the order shall be passed nor  shall any further inquiry be made or additional evidence taken, unless parties have had an  opportunity of being heard in support of such order or of being represented while such inquiry  is made or evidence taken. 

217. Instrument of partition -

(1) The Collector shall cause in respect of each portion  divided off from the estate an instrument of partition to be prepared son accordance with the  terms of the final order in favour of the applicant or the applicants, as the case may be,  whose share or shares each such portion represents and the date on which the partition is to  take egad, shall be recorded therein and each such instrument shall bear stamp duty in accordance with the Indian Stamp Act, 1899 (Act ll of 1899) of the Central Legislature as  adopted to 101[the State]. 

(2) Such date shall, unless otherwise directed, be the first day of July next following the  date of transformation of the final order, or from the date of confirmation thereof, by the  Collector. 

(3) From the date on which the partitions takes enact, each portion so divided off shall  be deemed and treated for all purposes to be a separate estate as if it had been originally  made or or created son favour of the person or persons whose share or shares it represents. 

(4) When the instrument of partitions has been prepared, the Collector shall get the  annual registers corrected accordingly and move the Board to get the necessary entries made  in the land records. 

(101 Subs. by Sec. 4 of Raj. Act No. 2 of 1958, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 13-1-1958. )

218. Delivery of possession of property allotted on partition -

Any person or persons  to whom any land is allotted in the instrument of partitions shall be entitled separate  possession thereof as against the other parties to the partition and their legal representatives,  and the Collector shall, on application made to him for the purpose by such person or persons  at any time within three years from the date recorded in the instrument of partition under sub section (1) of Section 217, give effect to that instrument as if it were a decree passed by a civil  court for recovery of possession over immovable property. 

219. Division of complex estates -

When an estate consists of two or more village or  portions of villages, the State Government may direct its diversion into as may estate as may  be necessary for administrative convenience. On receipt of such direction the Collector shall  after considering any representations made by the estate-holders concerned distribute the  revenue of the whole estate over the several estates into which .it is divided in accordance  with mies made under this. Ad, and shall correct the annual registers accordingly. The estates  so formed shall be severally responsible for the revenue distributed thereon. 

220. Fraudulent or erroneous distribution of revenue -

When in making a partition under  this chapter, the revenue has owing to fraud or error, been wrongly distributed, the Board may,  at the time order such a distracting of the revenue of the original estate over the several  estates into which it is divided as, but for the error or fraud, would have been made at the time  of partition. 

221. Under-assessed estates to refund to over-assessed estates 

(1) The Board may in any case under Section 220 direct that any proprietor whose  estate has been found to have been under- assessed shall for each year, not exceeding three  years in all, in which he has held possession, of his separate estate, be required to pay to the  recorded proprietor of any estate which has been over-assessed a sum equal to the annual  amount by which the first mentioned estate shall be found to have been under- assessed and  in default of payment the amount shall be recovered as an arrear of revenue and paid to the  proprietor to whom it is due. 

(2) No ,order passed under the union shall be questioned in any civil or revenue court. 

222. Consolidation of estates forming part of the same village -

If two or more revenue  paying estates from portions of the same village, the estate-holders may apply to the Collector  for the consolidation of the same into a single estate, and the Collector may, at his discretion,  grant such application, and in such case shall correct the annual registers accordingly. 

223. Chapter not to apply to division between Govemment and estate holder -

(1) The  provisions of this Chapter shall not apply to the division of an estate between its holder and the  State Government and whenever such division becomes necessary it shall be made by the  Collector. Provided that the Collector's proposals shall be submitted to the State Government  through the Board for approval. 

 

(2) Every such division shall be made in accordance with rules made by the State  Government in that behalf.