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Bengal Presidency - Section

Section 28 in Estates Partition Act, 1897

28. Power of Civil Court to order partition on application being made to Collector. - (1) A Civil Court may at any time direct the Collector, upon an application being made to him in accordance with sections 17, 18 and 19, -

(a)to assign to any person land representing a specified interest in any estate, or in any specified village or tract of land in an estate, to be held by such person as a separate estate; or(b)to divide off from any estate any specified land or villages, and to assign it or them to any person to be held as a separate estate:Provided that no Civil Court shall in any such case -(i)specify the amount of land-revenue for which any separate estate which it may direct to be formed under the provisions of this section shall be liable, or(ii)direct the Collector to carry out a partition otherwise than in accordance with the provisions of this Act.
(2)The Collector shall assess the land-revenue on every such separate estate in accordance with the provisions of this Act.