39. Cases in which sub-section (1) of Section 57 does not apply (Sections 57 to 60).
- In making a partition to which sub-section (1) of Section 57 applies, the court shall observe the following principles-(1)The price of the land shall be assessed-(a)in the case of Bhumidhars who have been declared as such either under Section 11 or or who, as mortgagers of classes mentioned in sub-section (1) of Section 11, have been declared as Bhumidhars under Section 15, forth times the land revenue payable;(b)in the case of all other Bhumidhars twenty times the land revenue payable.(2)The encumbrances, if any, on the holding shall be distributed on the portion of the holding according to their valuation.(3)A holding of which the aggregate area does not exceed 8 standard acres shall be offered for sale to all the co-tenure holders, including the applicant.(4)(a)A holding of which the aggregate area does exceed 8 standard acres shall ordinarily be so divided into portions that the area of each portion is not less than 8 standard acres.(b)The portion or portions of the holding shall be offered for sale to all the co-tenure holders including the applicant.Provided that in cases where one of the co-tenure holders holds land other than the land including in the holding or where the share of any party or parties exceeds the share of another, or others, the offer to sell the larger portion shall be made to such co-tenure holder or party in preference to others. Co-tenure holders who wish to remain joint shall be treated one party.(c)A party that has already been allotted or has purchased a portion of the holding shall be placed last in the order of preference as regards the sale of the other portion or portions unless the aggregate value of the portion already purchased and the other portion is less than the value of the share of such party.(5)The price of the land sold shall be distributed in proportion to the share of each co-tenure holder.Provided that where a party has been allotted land, the value of such land shall be deducted from the value of his share.Illustrations
