- If any proprietor of an estate held in common tenancy and brought under partition in accordance with this Act has given his share or a portion thereof in patni or other tenure or on lease or has created any other encumbrance thereon, such tenure, lease or encumbrance shall hold good as regards the lands finally allotted to the share of such proprietor and only as to such lands.Illustrations.I. - A, the proprietor of a quarter share in a joint undivided estate held in common tenancy, gives to B a patnitenure of the whole of his interest in the estate entitling B as long as such estate is held in common tenancy, to collect one-fourth of the rent payable by every raiyat on the estate; and partition of the said estate is made under this Act, and certain specific lands are assigned to A as his separate estate.B Will become patnidar of the entire separate estate which has been assigned to A, and will be entitled to collect the whole of the rents from the raiyats on that estate.II. - A, a proprietor of a quarter share in a joint-undivided estate held in common tenancy, gives to B a patni tenure of one-half of his share in the estate, entitling B, as long as such estate is held in common tenancy, to collect one eighth of the rent payable by every raiyat on the estate; and partition of the estate is made under this Act, and certain specific lands are assigned to A as his separate estate.B will become patnidar of one half of A's separate estate, and will hold his patni in common tenancy with the half of A's interest which A has not given in Patni, so that B will be entitled to collect one-half of the rent payable by every raiyat on A's estate and A will be entitled to collect the other half.
