Section 19 in Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949
19. Division of holding and distribution of rent.
(1)A holding may be sub-divided and the rent thereof distributed with the consent of the landlord and the village headman or mulraiyat, if any.(2)When a holding has been the subject of partition or sub-division by an order of a Court or otherwise and if the parties to the partition are unable to distribute the rent of the holding by agreement amongst themselves and with the consent of the landlord and the village headman or mulraiyat, if any, any of the parties may apply to the Deputy Commissioner to distribute the rent of the holding.(3)(a)On receipt of such an application, the Deputy Commissioner shall serve on each of the person interested in the application, other than the applicant, a notice of the date on which he intends to hear the application.Explanation. - For the purposes of this clause, the landlord and the village headman or mulraiyat, if any, shall be deemed to be persons interested in the application.(b)After serving the notice required by clause (a) and hearing the parities and holding such enquiry as he thinks fit, the Deputy Commissioner shall distribute the rent of the holding calculated on the basisi of settlement rate of rent, and his decision shall be final.(4)The order of the Deputy Commissioner under sub-section (3) shall take effect from such date as the Deputy Commissioner may specify in his order.(5)The Deputy Commissioner shall have power to award cost to any party to any proceeding under this section, and any sum ordered to be paid as cost shall be recoverable from the party by whom it is payable as a public demand payable to the Deputy Commissioner.(6)The Deputy Commissioner shall pay any sum recovered as cost by him under sub-section (5) to the party to whom such costs are payable.Provided, firstly, that in no case shall such holding be sub-divided if the rent of any portion of the holding will be less than three rupees.secondly, that the private holding of the village headman pledged as security shall in no case be split up if his share together with the official, if any, will not be adequate security for the village rent. Andthirdly, that any sub-division or partition of the holding or the distribution of its rent shall not have the effect of splitting up the joint liability of faiyats for the payment of the rent of the holding as it stood prior to the sub-division or partition.
