Notwithstanding
anything in the last foregoing section––
(1) places of worship, cremation and burial grounds held in common before partition shall continue to be so held after partition, unless the parties otherwise agree among themselves and record their agreement and file it with the officer making the partition ;
(2) partition of any of the following properties namely:––
(a) any embankment, water-course, well or tank and any land on which the supply of water to any such work may depend,
(b) any grazing ground, and
(c) any land which is occupied as the site of a town or village and is assessed to the land revenue,
may be refused if, in the opinion of the 1[Revenue officer,] the partition of such property is likely to cause inconvenience to the co-sharers, or other persons directly or indirectly interested therein, or to diminish the utility thereof to those persons ;
(3) the fact that a partition on the application of a joint holder or land would render necessary the surverance into two or more parts of 2[erstwhile tenancy] of 3[an occupant] having a right of occupancy may, unless 4[the occupant] assents to the surverance, be a sufficient reason for the disallowance of the partition in so far as it would affect 5[that occupancy] ; and
(4) the fact that the landlord objects to the partition of a tenancy may be sufficient reason for the absolute disallowance of the partition thereof.
(1) places of worship, cremation and burial grounds held in common before partition shall continue to be so held after partition, unless the parties otherwise agree among themselves and record their agreement and file it with the officer making the partition ;
(2) partition of any of the following properties namely:––
(a) any embankment, water-course, well or tank and any land on which the supply of water to any such work may depend,
(b) any grazing ground, and
(c) any land which is occupied as the site of a town or village and is assessed to the land revenue,
may be refused if, in the opinion of the 1[Revenue officer,] the partition of such property is likely to cause inconvenience to the co-sharers, or other persons directly or indirectly interested therein, or to diminish the utility thereof to those persons ;
(3) the fact that a partition on the application of a joint holder or land would render necessary the surverance into two or more parts of 2[erstwhile tenancy] of 3[an occupant] having a right of occupancy may, unless 4[the occupant] assents to the surverance, be a sufficient reason for the disallowance of the partition in so far as it would affect 5[that occupancy] ; and
(4) the fact that the landlord objects to the partition of a tenancy may be sufficient reason for the absolute disallowance of the partition thereof.
1. Substituted by Act VIII of 2004 for “Partition Officer”. 2. Substituted by S.O. 3808(E) dated 26.10.2020 for “the land comprised in the tenancy”. 3. Substituted ibid for “a tenant”. 4. Substituted ibid for “the tenant”. 5. Substituted ibid for “that tenancy”.