Partition of Agricultural Holdings (Bantwara)
Suits filed by co-sharers (joint khatedars) to split their agricultural holdings into specific demarcated shares with independent land maps.
Understanding Partition of Agricultural Holdings (Bantwara)
A partition suit under Section 53 of the Rajasthan Tenancy Act, 1955 allows joint Khatedar tenants to physically divide their joint agricultural holding according to their legal shares, giving each co-sharer independent title, separate Jamabandi entries, and distinct land trace maps (Aks Shajra).
Key Provisions & Legal Guidelines
Statutory Source
Section 53 of the Rajasthan Tenancy Act, 1955.
Key Phases of Trial
1. Plaint filing and service of summons to co-sharers. 2. Preliminary Decree determining legal share percentages. 3. Preparation of Naksha Khasra (division maps) by Revenue Inspector / Patwari. 4. Final Decree and field demarcation.
Appellate Authority
First appeal against SDO partition decree lies before the Revenue Appellate Authority (RAA).
Step-by-Step Trial Procedure & Roadmap
Required Document Checklist for Filing
Key Precedents & Judicial Rulings
⚖️ 2026 RRD 194 (BoR Ajmer): Female Hindu co-sharers have an absolute right to demand partition under Section 53.
⚖️ 2024 RRD 301: Physical partition cannot be denied on grounds of fragment size if co-sharer demands independent Khatedari.
Frequently Asked Questions (FAQs)
Q: Which court holds jurisdiction over agricultural partition suits?
Ans: The Sub-Divisional Officer (SDO) / Assistant Collector Court holds exclusive original jurisdiction.