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Revenue Suit & Proceeding Guide

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.

Statutory Source: Section 53, Rajasthan Tenancy Act 1955
Competent Court: Sub-Divisional Officer (SDO) / Assistant Collector
Legal Overview & Purpose

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

1
Plaint Filing under Section 53 before SDO Court
2
Service of Summons to all joint Khatedars
3
Preliminary Decree determining legal share percentages
4
Appointment of Revenue Inspector / Patwari as Commissioner for Naksha Khasra
5
Hearing on objections against proposed physical division
6
Final Decree and physical spot demarcation of separate fields

Required Document Checklist for Filing

Certified copy of Jamabandi showing joint Khatedari title
Aks Shajra (Cadastral Map of joint Khasra holdings)
Complete list of all legal co-sharers with residential addresses
Proposed Naksha Bantwara (Draft division map prepared by advocate)
Requisite Court Fee Stamps

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.

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