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State of Bihar - Section

Section 83 in The Estates Partition Act, 1897

83. Land held at fixed rent on permanent intermediate tenure.

(1)When the Deputy Collector finds in a parent estate any land which is held at a fixed rent on a patnior other permanent intermediate tenure created by all the proprietor of the state or admitted by all the recorded properitors to have been so created, he may either-
(a)assign such land and the assets thereof entirely to one or more of the separate estate formed out of the parent estate; or
(b)leave such land unassigned to any separate estate, and specify in the partition paper and proceedings that the land is left appertaining jointly to all the separate estates which are formed out of the parent estate in the proportion which each separate estate bears to the parent estate.
(2)In the event of such land being so left unassigned, the Deputy Collector shall assign to each separate estate such share of the rent of the tenure as bears the same proportion to the entire rent of the tenure as the separate estate bears to the parent estate.
(3)In dealing with a tenure under this Section, the Deputy Collector shall take into consideration the extent of the land comprised in the tenure, and all other circumstances of the case.