77Application for officer to make division

(1) When the rent of any land is payable by batai, the tenant may, when the crop is ripe, apply to the tahsildar, requesting that an officer be deputed to make the division and, subject to the payment of the prescribed fee, the tahsildar shall, within ten days of such payment, depute an officer for the purpose.

(2) The officer so deputed shall proceed to the spot on a day of which notice shall be given to the landholder and the tenant, cause the crop to be cut or gathered, and stored, and, after such inquiry as he deems fit, get the produce divided in accordance with the shares to which the parties may be respectively entitled.

(3) The weighment charges or other expenses, if any, incurred in making the division shall be borne by the parties in proportion to their shares in the produce.

(4) In making the division, such officer shall take the assistance of assessors to be appointed, as nearly as may be, in accordance with the provisions of sub-sections (2) and (3) of section 79, draw up a note specifying the share of produce delivered to each party and other necessary particulars, explain such note to the parties and assessors, get it signed by them and submit it with his report to the tahsildar.

(5) Such officer shall not allow any levy prohibited by sub-section (1) of section 62 to be charged at the time of batai, and in his report to the tahsildar he shall state that no such levy was charged.

(6) If either the landholder or the tenant is dissatisfied with the division he may, within fifteen days of such division, complain in writing to the tahsildar who shall inquire into the matter and, if necessary, pass a decree for money in favour of the party entitled, and submit the record of the case for confirmation of the decree or order passed by him to the sub-divisional officer If no such complaint is made, the tahsildar shall confirm the note of the officer deputed.

(7) The sub-divisional officer may confirm, amend or set aside the decree of order or pass such other order as he deems fit.

(8) A decree for money passed under sub-section (6) or (7) shall, if against the tenant, be deemed to be a decree for arrears of rent and, if against the landholder, be realised in accordance with the provisions of sections 88 and 89.