99. Division of tenancy not binding on landlord without his consent.
(1)Save as provided in Sections 18, 31 and 31-A and otherwise provided in the next two succeeding Sub-sections a division of tenure or holding or distribution of rent payable in respect thereof, shall not be binding on the landlord unless it is made with his express consent in writing or with that of his agent duly authorised in that behalf :Provided that if it is proved that in any landlord's rent roll there is an entry showing that any tenure or holding has been divided, or that the rent payable in respect thereof has been distributed, such landlord may be presumed to have given his express consent in writing to such division or distribution.(2)Where there is division of tenure or holding and distribution of rent payable in respect thereof, whether such division took place before or after the coming into force of the Orissa Tenancy (Amendment) Act, 1947, and the portion of the tenure or holding so divided is defined by metes on a bounds, such division shall not require the express consent provided in Sub-section (1) and the landlord shall, on receiving notice of such division and distribution of rent be deemed to recognise the division of tenure or holding and distribution of rent agreed upon by the co-sharer tenants.(3)(a)The landlord may, within six months of the date of the receipt of notice of the division of tenure or holding and distribution of rent referred to in Sub-section (2), make an application to the Collector for a just and equitable distribution of rent of such tenure or holding. The Collector shall, on making such enquiry as he deems fit, order a distribution of rent, of such tenure or holding which is fair and equitable.(b)If the co-sharer tenants fail to arrive at an agreement in respect of the distribution of rent though there may be division of tenure or holding by metes and bounds, the Collector shall, on the application of one or more co-sharer tenants, distribute the rent of such tenure or holding.(c)An order passed by the Collector under Clause (a) or Clause (b) of this Sub-section shall be deemed to have divided the tenure or holding, as the case may be, with the express consent of the landlord as required by Sub-section (1).(4)The distribution of rent of the tenure or holding by the Collector shall be made in accordance with the rules prescribed by the State Government.Explanation. - For the purpose of this Section, a tenure or holding shall be deemed to be divided by metes and bounds, if there is separate possession of portion of such tenure or holding by tenant.Ejectment
