Section 5 in The Rajasthan Land Revenue (Partition) Rules, 1957
5.
If the parties have accepted the recorded rental as the basis of valuation under sub-rule 4, the valuation of the area to be partitioned shall be worked out on the basis of new rates evolved from the present rent, but if they have accepted the settlement rates with or without modifications under sub-rule (2) of rule 4 such rates shall be applied on the lines indicated below:(a)Sir, Khudkasht or Hawala should ordinarily be valued as Khatedari tenancy. In exceptional cases the valuation or Sir. Khudkasht or Hawala against which rent is entered in the Patwari's papers may be based on such rent, if the latter be admitted by the party to be genuine.(b)Grain-rented land, if not situated in a precarious tract (Cl. 3rd proviso to section 175 of the Act), should be valued like Khatedari tenancy, but if situated in a precarious tract, the rate should be suitable reduced with reference to the special grain rates, if any framed by the Settlement Officer for such tract.(c)Rent-free land if no service tenure (Khidmati) should be valued like Khatedari tenancy, but if given in charity (Khairati) it should be valued at a nominal rate to be agreed upon by the parties.(d)As between the superior proprietor and under-proprietor land may be valued on the basis of the actual rent payable by the under proprietor to the superior proprietor minus the revenue, or in such manner as the parties may show to be fair.
