Chapter 18 of Punjab Land Records Manual

Procedure in Partition Cases

[This replaces standing order no.27, original issue, dated 7^th June 1909 and reprint, dated 28^th January,1920]    

(IN CONNECTION WITH THIS CHAPTER, CHAPTER XIII OF THE LAND ADMINISTRATION MANUAL SHOULD BE CONSULTED)

18.1  Private Partitions - Although no formal application ha sbeen made, the patwari is bound, under chapter 7.1 to record voluntary partitions for orders in the mutation register as soon as they have been acted on. In passing orders such mutations care must be taken not to treat as partitions of proprietary right arrangements which the parties dd not intend to be permanent. Share-Holders may be content for years to have in their cultivating possession less than their full share of a common holding without intending to give up any part of their rights of ownership. If any of them objects of the record of the alleged partition and the attesting officer considers the objection valid, he should refuse mutation of names and refer the party seeking it to proceedings under section 123 of the Land Revenue Act. But if he finds that the objection is vexatious or frivolous, and that a fair private partition has actually been carried out he should, either affirm the partition himself or refer the case to the Assistant Collector Ist Grade.

18.2  Partition Cases - Partition cases are excluded  from the jurisdiction of the civil courts, [Section 158(2) (xvii) and (xviii) of the Land Revenue Act]. They are heard by a revenue officer of a clas not below that of an Assistant Collector, Ist grade (section 126 of the Act). Only an officer who is empowered to decide the case should receive an applicatio9n for partition. A qualified officer to whom the applicatio9n has been presented can either conduct the whole enquiry himsel or refer it, under section 17(3) of the Act, to a revenue officer of a lower grade for investigation and report. The latter course is usually adopted, and it is, as a rule, the best way of dealing with the case. But the officer before whom the case has been instituted is responsible for its proper conduct throughout and should exercise close supervision over the proceedings of the subordinate official to whom he has referred it for enquiry. A revenue officer, who in a disputed partition case, is content to pass orders on reports received from the tehsildar or naib tehsildar , without ever having the parties before himself distinctly fails in his duty. In particular, he is responsible that no undue delay takes place at any stage of the proceedings. In serious cases of delay it is not sufficient to issue reminder. The cause of the delay must be ascertained, and if it be avoidable, suitable action must be taken against the suboridnate official concerned.

18.3  Investigation by tehsildar or naib tehsildar  - It is to the tehsildar, or to the naib tehsildar in whose circle the estate concerned lies under the division prescribed in paragraph 242, Land Administration Manual, that the case is referred for investigation or report. But when settlement operations are in progress the reference should be made to the settlement tehsildar, who should himself condut the first stages of the proceedings including the mnthond of partition(paragraphs 18.6 to 18.10 infra). When the method of partition has been sanctionedhe may, if he thinks fit, send the file to the naib tehsildar of the circle to complete the remaining stages of the case under his supervision. The naib tehsildar will maintain no register, and the tehsildar will remain responsible that the naib-tehsildar carries out the work entrusted to him correctly and without undue delay.

18.4  who may apply for partition - Any joint owner may apply for partition if –

(a)  his share is entered in the last record-of-rights or
(b)  his right to a share has been established by decree of court, or
(c)  his title has been admitted in writing by all persons interested in the admission or denial thereof(section 111). The mere fact that a man is a "landowner" as defined in section 3(2) of the Land Revenue Act does not entitle him to apply unless he fulfills one or other of the above three conditions.

A mortgagee cannot apply for partiion unless he
proves that he is entitled to it by custom or by the term of his mortgage.

A widow in possession o her husband's undivided share can apply for partition.

18.5  Applications to be accompnied with an extract from jamabandi  - The application should be accompanied with an extract from the last detailed jamabandi, giving usually the complete entry for the holding or holdings of which partition is desired. A note of any mutations attested after the iling of the last detailed mutaations attested after the filing of the last detailed jamabandi  should be added. Althought he petittioner may only wish to divide part of the joint holding, he should , as a rule, be made to file a copy o the entries for the whole, for the other shareholders may object to a partial partition. The names of all onwers and mortgagees must be given. If the revenue officers has not from the first a list of all the interested parties on his file, great delays are certain to occur. If, however, the area to be devided is very large, consisting, e.g., of a whole village or patti, or of the common land of a whole village or patti convenient abbverations should be allowed in the extract. If the extract is manifestly incomplete, the applicationshould be returned to the petitioner by the officer receiving it, with an order endorsed on it that it may be presented again accompanied with a proper extract. If the imperfection of the extract is not discovered till the case has been referred to the tehsildar, that oficer should fix a reasonable time for the filing of a full extract, and, if the petitioner fails to comply with this order, he should return the application to the officer from whom he received it with the suggestion that it should be removed from the pending file.

18.6  Attendance of parties  - All parties interested should be summoned by thge officer making the emquiry to appear [section 113(a)] If they are so numerous that personal service on each of them is not reasonable practicable, the procedure laid down in section 20(3) and 22 of the Land Revenue Act is generally desirable and is perferable to postal service under section 20(4) o the Act, as the latter procedure involves the parties in unnecessary expense. Whether the parties are many or few, it is expedient to post up a proclamation on a village rest house or on some other conspicous place in the village calling on any persons who may have objections to urge to appeal and state them within a certain time. The date ixed should usually be that on which the parties have been summoned to attend. The summonses and proclamation should be issued simultaneously. Dates should not be respeatedly changed because the parties have failed to appear. When the requirements of the law as regards the service of summonseshave been complied with, and the revenue officer is satisfied that all interested parties have had an oppourtunity o being present, he should proceed with the hearing on the date fixed, putting on the file a note of the names o any parties who have both appeared. In cases in which   the share holders are numerous, or which are likely to present any difficulty, it is advisable to hold the first hearing in or near the village in which the land is situated. The real points in dispute and the merits of any objections raised are in this way easily brought to light and can be properly tested. The failure to ascertain from the first what is the actual contention of those who oppose partition is a fertile cause of delays and wrong decisions.

18.7  Rejection of application  - The real points in dispute having been elicited by a careful examination of the parties, the Revenue Officer should consider thether there is any sufficient cause for absolutely rejecting the application (section 115) . If so, he should report the case for the decision of  the officer who referred it to him for inquiry. The latter should usually, before passing his final orders, give the parties an opportunity to appear before himself. The discretion disallow partition given by section 115 of the Land Revenue Act should not be exercised arbitrarily but ordinarily on the grounds set forth in section 111 and 112. Special attention should be given to the requirements of the village including those of non-proprietors in the matter of grazing, and the Wajib-ul-arz must be dealt with under section 117 as a question of title.

18.8  Procedure when there are disputes as to title  - If the investigating officer does not consider that there is any valid reason for rejecting the application entirely, but it appear that there are disputes as to title, which must be dealt with in manner laid down in section 117, he should record clearly what the points in issue are, and return the case for the orders of the officer who is competent to decide it. He must not himself take action under section 117. Examples o disputes as to questions of title are –

(a)  the respondent denies the correctness of the entry in the record-o-rights;

(b)  The respondent admits the correctness of the entry in the record-of-rights, but assets that the applicant is not in possession of his share, and is, therefore, not entitled to claim partition at all, or that he is not entitled to do so till he has had a settlement of accounts with respondent, or raises any other objection as to the locus standi of the applicant to ask for partition.

18.9  Procedure of Assistant Collector under section 117 - The Assistant Collector Ist grade on receiving back the file should himself examine the paties and, if he finds that there is a question of title involved, either decline to grant the application for partition until the question of title has been determined by a competent court, or himself decided the questions of title raised under one or other o the procedures laid down in section 117(2)(a) and (b). The cases which will involve action under this section may be divided broadly into two classes – first those in which an applicant believing that the partition proceedings will give him an advantage over the opposite party has chosen that procedure in order to evade direct resort to the civil courts in respect of a question of title which he knows would be disputed; and, secondtly, those in which the appliant is acting in a straight forward manner, that is to say, in which a partittion is really require official assistance. In the class of cases first mentioned the revenue officer should file the proceedings with leave to either party to apply to have them reopened, on showing that the point at issue had been determined by a competent civil court. In the latter class of cases a revenue officer should exercise the full jurisdiction vested in him by law, and should refrain from putting the parties to the trouble of separete proceedings in civil court, even although the question is one which would ordinarily fall with in the jurisdiction of such a court. When the respondent in the partition proceedings puts forward an objection as to tile the revenue officer should invariably unless there is some special reason to the contrary, proceed to determine the question himself and not refer the objector of a civil court. When he stays proceedings until the question of title has been settled in a civil court, he should send the partition file to the record returns as a decided one. If, on the termination of the proceedings in the civil court, the application petitions to revive the partition case, the file will be restored to the register of pending cases and he reckoned in the business return as a new institution. If the revenue oficer determines to hear the case himself and the burden of proof is on the application for partition, he should order the applicant to put in by a certain date a written statement giving full particulars  of his claim. Similarly, if the objecting party is the respondent in the partition proceedings, he should be required  to put in a written statement by a certain date giving full particulars of his objections. If either party fails or refuses to obey these instructions the revenue oficer should pass orders under order VIII, rule 10 o the Civil Procedure Code record a brief note stating whether the question at issue is cognizable by a revenue court, [section 117(2) (b)] of the Land Revenue Act, and consequently what his future procedure is intended to be. Although in case o appeal the appellate court would have to decide by what description of court the question was really cognizable, the note of the revenue officer will determine the course of appeal in the first instance and thus save both litigants and the appellate court much trouble.

18.10  Enquiry as to method of partition  - (i) If there are no disputes as to title, or all such disputes have been decided under section 117, and the case has been retruned to him for report, the tahsildar should proceed to enquire into any question to the property to be divided and the method to be followed in dividing it [section 116(b)]. A map of the land to be partitioned should be otabined from the patwari and a statement showing the area to be divided and the sahre of the parties should be prepared. Form Ptn.-1 in the appendix is given as a specimen, but it may be modified to show further details when this is considered necessary. In reporting the mode of the partition for sanction, the tahsildar should state clearly what are the points remaining for decision, and they should be fully dealt with. The first matter to be noticed is whether the applicant's share only will be separated off, the other co-sharers continuing to be hold jointly, or whether all the shares will be divided. If there is any provision regulating partitions in the village administration paper, it should be referred to ; if not, the absence o any such provision should be stated. It should be noted whether all the land is to be thrown into one account or whether different classes are to be distinguished. The distinction may consist in part being cultivated, part culturable waste and part barren. Some land may be more valuable than the rest on account of its natural quality or its situation, or the existence of means of quality or its situation, or the existence of means of irrigation. Part may be mortgaged, or held by a tenant-at-will who cannot equitably be turned out. It will, as a rule, be quite impracticable  to give every man his exact share of every sort of land, and the investigating  officers should set forth clearly how far deviation from the rule of equal proportions is to be allowed, and how men receiving inferior land are to be compensated by an increasein the area allotted to them or otherwise. In this connection efforts should be made to persuade co-sharers to abstain insisting on an exact application  of the rule fo equal proportions where this would result in the formation of an excessive number of small scattered plots or fields. It should be pointed out that such a division of holding has many disadvantages from the point o view o agricultural efficiency. It entails waste of the cultivator's time and labour, and adds to the work of his bullocks by multiplying  journeys to and from his land. It causes waste of water and even water-logging by involving the use of unnecessarily long, tortuous or badly aligned watercourses from wells and canals. It makes the sinking of wells, draingage, levelling and other agricultural  improvements more difficult, while small fields may often be an obstacle to the employment of improved agricultural implements and machinery. Should the parties, nevertheless, desire the application of the rule  of equal proportions of each class of land, the revenue officer has discretion under section 118, Land Revenue Act, to refuse compliance if he thinks that the circumstances of the case render that rule inappropriate, and he may instead authorise duly specified deviations from it.

(ii) It is impossible to settle every detail till the partition is actually made on the ground. Something must be left to the patwari, aided if necessary by arbitratorsl but to order a partition, "balihaz nakas wa kamil" as is constantly done, is to throw everything into the patwari's hand. The extent to which existing possession will be respected must be noted. It should be maintained, especially when it is of old standing , as far as this equitably be done. If it is proposed to appoint arbitrators, the matters which they are to determine should be notec, and also what remuneration, if any, they are to receive. The value of the land, for the purpose of calculating the stamp duty on the instrument o partition, the amount of the stamp duty and all fees and costs, and the proportion  of the total costs to be borne by the different parties, should be mentioned so that sanction to their recovery may be given. The stamp duty  on instruments of partition should be calculated in accordance with item no.45, read with item no.15 in schedule I-A appended to the Indian Stamp Act,II of 1899, as amended by the Indian Stamp (Punjab Second Amendment ) Act, XXXIV of 1960. The provisions of the two items are reproduced below. Revenue Officers are warned that they should give immediate effect to give any further amendment of the stamp law without waiting for a correction slip to this chapter :-

         For the amount o the value of the separated share or shares of the property –

 Proper Stamp Duty

Where the amount or value secur-     Thrity paise.

red does not exceed Rs.10

Where it exceeds Rs. 10 and does     Sixty Paise.

not exceed Rs.50

Where it exceeds Rs.50 and does      One rupee, Fiftee Paise

not exceed Rs.100

Where it exceeds Rs.100 and does     Two rupees, Twenty paise

not exceed Rs.200

Where it exceeds Rs.200 and does     Three rupees, Forty paise.

not exceed Rs.300

Where it exceeds Rs.300 and does     Four rupees, Fifty paise.

not exceed Rs.400

Where it exceeds Rs.400 and does     Five rupees, Sixty-five paise

not exceed Rs.500

Where it exceeds Rs.500 and does     Nine rupees.

not exceed Rs.600

Where it exceeds Rs.600 and does     Ten rupees, Fifty paise.

not exceed Rs.700

Where it exceeds Rs.700 and does     Twelve Rupees.

not exceed Rs.800

Where it exceeds Rs.800 and does     Ten rupees, Fifteen paise

not exceed Rs.900

Where it exceeds Rs.900 and does     Seven rupees, Twenty five

not exceed Rs.1000                      paise.

and for every Rs.500 or part thereof  Five rupees, Sixty-five paise

in excess of Rs.1000

N.B. – The largest share remaining after the property is partitioned (or if there are two or more shares of equal value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated :

Provided always that –

(iii)  The attention of revenue officers is drawn to the necessity of considering in partition cases any equitable claims which a shareholder who has spent  money and labour in reclaiming ravine lands may have to protection from ejectment or to compensation as a preliminary to partition.

18.11  Orders of Assistant Collector on method of partition  - On receiving the file from the investigating officer, the officer empowered to decide the case should, if he finds that there is a dispute between the parties on any of the points connected with the proposed mode of partition, fix a date for hearing the case, and have be parties duly informed thereof, so as to give them an opportunity o appearing before him. On the date so fixed, he should examine, so far as may appear necessary, any of the parties who may be present, and should then record with his own hand his orders as to the method of partition, the amount of costs, and the proportion in which they are to be recovered from the different parties. The orders as to the method of partition should be clear and unmistakable, and care should be taken that every essential question raised by the investigating officer's report, or contained in the pleadings, is decided. Even in cases in which the investigating officer has indicated alternative courses, and a decision is required between them, it is too common to find vague and general terms of sanction used, such as "the method  of partition proposed by the investigating officer is sanctioned."The case, will then be returned to the investigating oficer. Before taking any step to carry out the partition, the investigating oficer should direct the parties to deposit the whole amount of the costs in  cash by a fixed date. If the money is not deposited within that period, the case should be forwarded to the officer empowered to decide it for orders. If the applicant is in earnest in desiring the partition he is often willing to pay in the whole costs, if the amount is not large, and the shares due from defaulters  can ultimately, under section 98(a), be recovered  as arrears of land revenue and made over to the applicant. But if it appears to the revenue officer that the applicant has paid in his share of the costs, but that the respondent, in order to delay the case, refuses or neglects to pay his share he should order the amount due from the respondent to be at once recovered as an arrear of land revenue. All sums received as costs will be credited in the naib sheriff's accounts and paid into the treasury, the number and date  of the dakhila being noted under the tahsildar's signature in the tahsil register of partition cases (page 10 of standing order no.55). Such costs, as are not susceptible of speedy disbursement, should be treated as revenue deposits (Civil Account Code, article 195). Receipts for all disbursements will be put on the partition file.

18.12.  Method of carrying out partition  - If the partition is to be made by the patwari, the tahsildar should give him on the spot, if possible, detailed instructions from which he should not be allowed to deviate. As little as possible should be left to the patwari's discretion, and he should not be called on to decide how land should be classified  or as to its respective value. Points o this sort are for the parties to agree upon among themselves ; if they cannot agree, the tahsildar must decide them himself. He may, however, appoint arbitrators to do so, if the parties desire it, and he thinks their appointment likely to lead to an equitable and speedy decision. The patwari should only be required to make a correct survey and record o the lands to be partitioned, and of the manner in which they have been divided. Measurements are necessary i numbers are broken up, and in order to determine the proper boundaries of the joint fields, if these have been croached upon to a serious extent by any of the share holders. If the shares are equal and the particular parcels of land to be allotted to each shareholder are to be decided by lot, "kurras", in the form of khatauni slips, should be prepared for each share, the names being left blank. When the partition is completed, the following papers must be drawn up by the patwari and put on the file :-

(a)  A tracing from the shajra showing the new field numbers. I the village has been measured on the square system, the square should be shown on the map and the position of the new numbers within the sqaure should be correctly indicated.
(b)  A khatauni showing the names of the shareholders, and a full list of the fields allotted to each with their areas.
(c)  A field-book of all new fields.
(d)  A statement showing in separate columns the area to which each shareholder was entitled according to his recorded share and the area which he has actually received. A specimen form Ptn.-2 is given in the appendix, but it may be modified to whatever extent appears desirable.

18.13.  Employment of amins forbidden  - The employment of amins to carry out the partition in ordinary cases is forbidden. In the case of partitions of small joint holdings the atwari can do any survey and record work required without detriment to his ordinary work. When a large area, such as the common land o a village or patti has to be divided, the patwari should in ordinary cases be responsible for the partition, but if the work is heavy a qualified assistant may be appointed to help him in carrying on his ordinary duties and the assitant's  pay can be charged as part of the costs of the partition. The patwari himself should receive no extra remuneration for what is part of his proper duties.

18.14.  Duties of Field Kanungo  - (a) The papers field in partition cases are often full of errors , which pass from them into the annual papers and are corrected with great difficulty when they come to light long afterwards in the course perhaps of a new settlement. The field kanungo is as responsble for the accuracy of the patwari's partition work as he is for that of his ordinary work, and this responsibility should be rigorously enforced. He is bound to see that the patwari is carrying out exactly the instructions he has received, and that the work is being done regularly and in order. If not carefully supervised, patwaris spend far more time than they need on partition cases. The map and khatauni should be tested and signed by the kanungo. He must compare the map and khatauni with each other and with the village shajra and the last jamabandi, and see that no numbers are omitted and none entered twice. He must check the entries as to the diensions and areas of fields as he would check similar entries in the patwari's map and field book when re-measurement is going on. He should make the patwari take copies and himself sign these in token o their agreement with the original. The kanungo should then point out to the parties on the spot the lands allotted to each, making over at the same time to each shareholder a copy of the khatauni relating to his land attested by himself. In forwarding  to the tahsildar or naib-tehsildar the map and the khatauni which are to be filed with the record, he should report that he has pointed out the land and distributed the khatauni to the parties. Mud pillars should be put up to define boundaries where numbers are divided. It sometimes happens that, when the parties are asked by the tahsildar if they agree to the partition, they answer that they do not know what land has been alloted to each. And cases have frequently occured  of a man being allotted one field in the khatauni , but in reality getting possession o another. The patwari following the partition papers records him as holding the latter field merely as a tenant-at-will , and the recorded proprietor may take out a notice of ejectment against him after he has ben dealing with the land for years as full owner. It is therefore, of the great importance that there should be no room left for misunderstanding  as to the locality of each man's field or fields. In petty cases, the duty of pointing out his land to each shareholder  may be entrusted to the patwari under a special order of the tahsildar recorded on the file.

"(b) In an estate or part thereof which has been repartitioned through the Consolidation of Holdings Department the inspector or kanungo consolidation shall give demarcations on the spot by actual measurement.

18.15.  Attestation of partition before the tahsildar  - On receiving the map and khatauni with the field kanungo's report, the tahsildar or naib tahsildar must give notice to all the parties to appear and state whether they agree to the partition or not. Repeated notice should not be issued to absentees, but, as soon as he is satisfied  that all parties have had an opportunity of appearing, the tahsildar should dispose of the case, making any modifications in the partition which are shown to be necessary, and correcting the khatauni accordingly. He should then send the case for sanction to the officer empowered to decide it. All corrections made by the tahsildar should be commounicated  to the kanungo and patwari. The former should point them out to the parties on the ground and correct their khatauni and the latter should correct his copy of the khatauni. If the tahsildar can arrange to collect the parties when he is in or near the village and dispose of objections on the spot, this stage of the proceedings will be shortened and much trouble saved.

18.16.  Transfer of shamilat at partition - The attestation of all revenue officers dealing with partition cases is drawn to the following ruling. The onus of proving that a deed relating to the transfer of specific land carries with it as necessary thereto a proportionate share of shamilat, lies, when the deed is silent upon the subject upon the pwerson who assets that the gift operates to grant more than it purports to grant. In other words , if a deed of transfer does not specifically mention that a share of the shamilat is transferred with the land the presumption is that the shamilat is not transferred. Officers should not blindly follow the khewat, but should thrown on alienees the onus of proving that they have a share in the shamilat. See also paragraph 7.19.

18.17.  The instrument of partition  - When sanction has been received, any urther correction in the papers which is rendered necessary by the ordre of the sanctioning officer must be made and communicated to the patwari and kanungo  and to the parties. The kanungo should point out to the parties any changes in the allotment of land made under the order finally passed, and should correct their khataunis, after the period for appealing has elapsed without any appeal being lodged, or after any appeal that has been presented has been decided, an instrument  of partition must be drawn upon stamped paper by the officer empowered to decide the case (section 121). It should describe the claim and give a detail of the division effected with a reference to the order sanctioning it. The date on which the partition is to take effect must be noted. The form Ptn.-3 given in the aappendix may conveniently be followed and to each such instrument of partition in which new field bumbers are shown in column 4 of the schedule a copy of the tracing of shajra referred to in paragraph 18.12(a) supra should be attached. The instrument of partition should thus be complete in itself so as to enable a civil court in any subsequent litigation to ascertain from it without reference to any other files or records (1) what belonged to whom jointly ; and (2) who got what severally. This object will be secured if the schedule  of the form of instrument of  partition given in the appendix is carefully filled up. Before sending the case to the record room, the deciding officer should ascertain that the sums paid in as costs have all been disbursed and that vouchers for the expenditure are on the file. If there is any balance, he should pass a distinct order as to the manner in which it is to be disposed of.

18.18.  Obtaining possession As a rule the parties will have no difficulty in obtaining possession of the lands allotted to them if the procedure laid down in paragraph 18.14 supra is carefully observed. But i any party to the proceedings is refused possession by another party he can, at any time within threee years from the date entered in the instrument as that form which it will take effect, apply under section 122 to the revenue officer to be put in possession.

18.19.  Mutation in conseqence of partition  - As soon as may be after the date mentioned in the instrument of partition as that form which it will take eect, the patwari should enter in his mutation register all changes consequent on the partition. Before sanctioning any mutation due to partition the attesting oficer must satisfy himself that possession has been obtained. In the case of uncultivated land it is not necessry that there should be any tangible sign of the possession of the person to whom the land has been alloted so long as no one else is in adverse possession.

18.20  District kanungos and record keepers not to be employed in checking partition files - District kanungos and record keepers should not be employed in checking partition files. All needful checking can be done by the reader of the revenue officer who decides the case.

18.21.  Employment of arbitrators - Allusion has been made in paragraphs 18.10 and 18.12 supra to the employment of arbitrators in partition cases. If the patwari is an experienced and trustworthy man, it is rarely advisable to appoint arbitrators, who cannot in any case prepare the partition papers without his help. Arbitrators nominated by the parties themselves are usually ignorant men, and each is apt to the partizan of his own nominator. It will, therefore, generally be expedient for the tahsildar to advise the appointment of some man of more standing as umpire. In fact, it is often best to appoint some man of influence in the neighbourhood sole, arbitrator [section 127, (2(d)] . The tahsildar should carefully explain to the arbitrators what they are expected to do, and should arrange that the patwari gives them the assistance they require.

APPENDIX
FORM PTN-1 (PARAGRAPH 18.10)

      Statement of the area to be divided and the shares of the parties.   

------------------------------------------------------------------------------------------------------------

1         2                     3                      4             5                 6          7               8            9

No.    Name     Jama or Share            Total Area to be divided      Area to which owner

                whichever is            Cultivated  Unculti    Total  owner entered in olumn

                measure of right                         vated                  2 is entitled

                                                          Culti-     Unculti    Total

                                                           vated     vated           

------------------------------------------------------------------------------------------------------------

        

------------------------------------------------------------------------------------------------------------

10            11            12            13            14         15          16      17        18      19        20

Area already in possession  of owner     Deficiency to be made Excess to be given  Remar

entered in column 2                                good                             up

Nos.   cultivated uncultivated   total       culti     unculti   total   culti   uncul   total

                                                                vated    vated               vated  tivated    

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FORM PTN-2 (PARAGRAPH 18.12)

         Statement comparing area by share and area allotted

------------------------------------------------------------------------------------------------------------

1              2                                         3               4                 5                    6

No.         Name of share holder            share              Area according to share

                                                                                cul;tivated   uncultivated    Total

------------------------------------------------------------------------------------------------------------

 

------------------------------------------------------------------------------------------------------------

 7                        8                                   9                                         10

                 Area   Alloted

Cultivated     Uncultivated                Total                                  Remarks

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FORM PTN.-3 (PARAGRAPH 18.17).

INSTRUMENT OF PARTITION
(STAMP)

Before_____________________-, exercising the powres of an Assistant Collector of the Ist grade, undr section 6(3) of the Land Revenue Act. Partition case under chapter IX o the Land Revenue Act XVII of 1887, between A.B., first party, and D, second party. Claim to divide            

Bighas/ ghumaos of land value ____________. Whereas this case come before me for final disposal at _________the ________day of __________                and it was then ordered that partition be made of the land described in columns 1 and 2 of the schedule hereto annexed, and whereas the period of appeal against the said order has expired without an appeal being presented  [or whereas the said order has been varied (or maintained) by an ordr of the _____________ dated  the _____________ day of ___________]. This instrument of partition is now prepared in order to give effect to my order aforesaid, dated  the _________day of __________________[first order (as varied or maintained), by the order of the ________dated the ___________day of _________second order if any] and it is hereby declared athat this partition will take effect on and from the ________day of ______________19  .

                  (Seal of the Assitant

                   Collector Ist grade)

                                             _________Signature

 SCHEDULE 

1              2                        3               4                      5                           6

JOINT LAND BEFORE PARTITION               SEPARATE LAND (PARTITION)

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Field No.     Area      Names of Joint                   Field no. in     Area      Name of  Joint

in village                  owners with jamabandi      village shajra                 owners to whom

shajra                        number                               or in tracing of              field is allotted in

                                                                             shajra hereto                 partition

                                                                             attached (in case

                                                                             of new numbers)