77. Civil Courts empowered to effect division or distribution.
- A competent Civil Court may, in a suit brought by a landlord or a tenant for the division of a tenancy or distribution of the rent payable in respect thereof, pass a decree for such division or distribution :Provided that when the suit has been brought by a tenant, the Court-(i)shall not pass such decree when such distribution may jeopardise the security for the rent due, or where such distribution will result in the creation of unreasonably small holdings, unless the landlord agrees to such distribution or division ; and(ii)shall, when it passes a decree for such distribution or division, make an order for the payment of a fee to the landlord amounting to rupees two or twice the amount of rent made payable by the tenant, whichever is greater for each separate account ordered to be opened, or for each separate tenancy created by the division, and the decree shall not take effect until such fee has been paid.
