(1) In determining the mode
of partition under section 118-B, where a co-sharer in Shamilat is found to hold
Shamilat land in excess of the share to which he is entitled and upon such
lands improvements of any kind have been made, he shall be given an option
of exchanging an area equal to that found in excess from out of his basic
holding or Shamilat for distribution amongst those who are found to hold
Shamilat land less than their due shares.
(2) Where any person who is not a co-sharer in Shamilat is found to hold any Shamilat land or where a co-sharer in Shamilat refuses to avail of the option provided in sub-section (1), or after availing of such option further land in excess is found to remain in his possession, such land shall––
(a) if it contains an orchard, be allotted, in joint ownership to such co-sharers as are found to possess Shamilat land less than their due sharers subject to the condition, that such land shall not be further partitioned, and
(b) if it contains trees other then fruit bearing trees, building or structure, the possessor thereof shall be given an option of removing such trees, or the material of such building or structure within a period of three months from the date the mode of partition is sanctioned].
(2) Where any person who is not a co-sharer in Shamilat is found to hold any Shamilat land or where a co-sharer in Shamilat refuses to avail of the option provided in sub-section (1), or after availing of such option further land in excess is found to remain in his possession, such land shall––
(a) if it contains an orchard, be allotted, in joint ownership to such co-sharers as are found to possess Shamilat land less than their due sharers subject to the condition, that such land shall not be further partitioned, and
(b) if it contains trees other then fruit bearing trees, building or structure, the possessor thereof shall be given an option of removing such trees, or the material of such building or structure within a period of three months from the date the mode of partition is sanctioned].
1. Sections 118-A, 118-B, 118-C, 118-D and 118-E added by Act XII of Samvat 2005.