(1)If the plaint referred to in rule 107 or rule 108 is in order, it shall be registered as a suit and the defendants shall be called upon to file their written statements. The suit shall then be decided according to the provisions of the Code of Civil Procedure, 1908.(2)Before making a division the court shall-(a)determine separately the share of the plaintiff and each of the other co-tenure holders ;(b)record which, if any, of the co-tenure holders wish to remain joint ; and(c)make valuation of the holding (or holdings) in accordance with the circle rate fixed by the Collector applicable to each plot in the holding.(3)If the suit is decreed, the Court shall pass a preliminary decree declaring the share of the plaintiff.(4)After the preparation of preliminary decree the Sub Divisional Officer shall get the Kurra prepared through the Lekhpal.(5)The Lekhpal shall submit the Kurra report within a period of one month from the date of receiving the order in this regard and at the time of preparation of Kurra he shall observe the following principles-(a)the plot or plots shall be allotted to each party in proportionate to his share in the holding;(b)the portion allotted to each party shall be as compact as possible;(c)as far as possible no party shall be given all the inferior or all the superior classes of land;(d)as far as possible existing fields shall not be split up;(e)Plots which are in the separate possession of a tenure holder shall, as far as possible, be allotted to such tenure holder if they are not in access of his share;(f)If the plot or any part thereof is of commercial value or is adjacent to road, abadi or any other land of commercial value, the same shall be allotted to each tenure holder proportionately and in the case of second condition the same shall be allotted proportionately adjacent to road, abadi or other land of commercial value; and(g)If the co-tenure holders are in separate possession on the basis of mutual consent or family settlement, the Kurra shall, as far as possible, be fixed accordingly.(6)When the report regarding Kurra is submitted by the Lekhpal, the objection shall be invited thereon and thereafter the appropriate order shall be passed by the Sub Divisional Officer after affording opportunity of hearing to the parties and considering the objection, if any, filed against the report submitted by the Lekhpal.(7)If the report and Kurra is confirmed by the Sub Divisional Officer, the final decree shall follow it.(8)At the stage of the final decree, the Court shall-(a)Separate the share of the plaintiff from that of the defendant by metes and bounds.(b)Place on record a map showing in different colours the properties given to plaintiff as distinct from those given to the defendant.(c)Apportion the land revenue payable by the parties.(d)Direct the record of rights and map to be corrected accordingly.(9)If, for adjusting the equities between the parties, payment of compensation regarding trees, wells or other improvements becomes necessary, the revenue Court concerned may also pass necessary orders at the stage of final decree.(10)The Sub-Divisional Officer shall make an endeavor to decide the suit within the period of six months and if the suit is not decided within such period, the reason shall be recorded.Surrender
