Amendment status not verified — confirm the current text below against the official source.
(1) Save as provided elsewhere in this section, a divi- val*icinCui'lest S*°n a t e n u r e o r holding or a distribution of the rent payable consented to *n r e sPe c t thereof shall not be valid unless such division or dis- by all parties tribution has been expressly consented to in writing by both— "r (a) the landlord or the entire body of landlords or their Court. 1V agents duly authorised in that behalf, and (/>) all the recorded co-sharer tenants : Provided tha t, if there is proved to have been made in any landlord’s rent-roll any entry showing that any tenure or holding has been divided or that the rent payable in respect thereof has been distributed, such landlord may be presumed to have given his express consent in writing to such division or distribution. (2) The Civil Court, on application made to it by a land lord or one or more co-sharer tenants for a division of a tenure or holding or for a distribution of the ren t payable in respect thereof, or for the annulment or modification of a previous division or distribution other than the one made under this sub section or under an agreement made between all the landlords and co-sharer tenants in conformity with the provisions of sub section (1), may by order in writing, direct such division of the tenure or holding or such distribution of ren t as the Court con siders fair and equitable or annul or modify a division or distribu tion previously made other than the one of the nature referred to above if the Court considers it unfair and inequitable : Provided that— (a) no such order shall be passed without notice to the landlord or the remaining landlords and to all or the remaining co-sharer tenants, as the case may be, the prescribed process fee for which shall accompany the application ; (b) no order for division or distribution shall be made which would result in bringing the rent for any por tion below two rupees in the case of tenures or one rupee in the case of holdings ; and (c) nothing contained in this sub-section shall be deemed to authorise a Court on an application from a tenant lor division or distribution to direct a division or distribution in respect of the share of any tenant other than an applicant under this sub-section or a co-sharer tenant who has been joined as a co-appli cant under sub-section (3). (3) On receipt of notice of an application from a tenant for division or distribution under sub-scction (2) a co-sharer tenant may apply to be joined as a co-applicant, and upon such applica tion the Court shall join the said co-sharer tenant as a co-appli cant without further notice to the landlord or landlords and the remaining co-sharer tenants. 8 (4) Every order of a Court under sub-section (2) directing division of a tenure or holding or a distribution of the rent thereof shall also direct the supply to the landlord at the cost of appli cant tenants, if any, of certified copies of the Co urt’s order (toge ther with those of map and chitha, if required for the elucidation of the Court’s order) and the payment of one rupee as mu tation fee for each separate tenancy created by the division or each separate account ordered to be opened. (5) Every order referred to in sub-section (4) shall state the date from which the division (or distribution) shall have effect, and the joint and several liability of each co-sharer tenant for arrears of rent, if any, up to that date, shall subsist in all the lands of the entire tenure or holding. (6) An appeal shall lie to the ordinary Civil Appellate Court from an order of a Court under this section, provided that it is presented within thirty days from the date of such order and is accom panied by the prescribed fee.” Deletion of