Section 62 in The Rajasthan Tenancy (Board Of Revenue) Rules, 1955
62.
To determine the portion of a holding from which the tenant shall be ejected the court shall proceed as follows :-(1)The decree holder shall be required to file a certified copy showing the sanctioned rates applicable to the holding.(2)If the rent of any plot in the holding is separately recorded, it will be accepted as such. The rent of the remaining plots shall be calculated by multiplying the area of each plot by the appropriate sanctioned rate. The rents thus determined will be totalled so as to give the total rent of the holding.(3)The actual rent of each plot, if not recorded already, will then be calculated in the same proportion to the total actual rent as the rent of a plot as calculated under sub-rule (2) bears to the total rent of the holding arrived at under that sub-rule. Thus, if the rent of a plot as calculated under sub-rule (2) is Rs. 5/- and the total rent arrived at under that sub-rule is Rs. 20/- while the total actual rent of the holding is Rs. 28/- the actual rent of the plot will be Rs. 7/-.(4)In order to determine the area corresponding to the unpaid amount, the court shall select as many plots out of the holding as will yield an actual rent calculated under sub-rule (3) not exceeding the unpaid amount, and shall order the ejectment of the tenant from the area so determined. Provided that in determining this area, the court shall, as far as possible, (a) avoid the splitting up to a field and (b) see that the plots left with the tenant Eire as compact as possible.
