rents for future years until equitable partition of the property. Thereupon a compromise decree was passed in those terms on September 10, 1927. She made
settled by a bona fide family arrangement
which is fair and equitable the family arrangement is final and
binding on the parties to the settlement ... from all angles, i.e., not only from the aspect
of equitable partition amongst the parties, but also from the angle
that
along with Schedule 'A'
property and sought for an equitable partition along Schedule
'A' property. The plaintiff not having brought
execution of Ex.D.1- Deed of Partition wherein
some of the properties subjected to partition
were absolute properties of plaintiff?
9. The trial Court ... given
to her and that there was no equitable partition between the
defendants and the plaintiff. Referring to the evidence
filed by defendant No.6 in OS No.23 of 1987 for partition of Plaint-A to E Schedule properties into 10 equal shares ... arbitrators (hereinafter referred to as arbitrators) for making an equitable partition of the joint family movable and immovable properties, the arbitrators accepted the terms
contesting defendants. Whereas the plaintiff would contend that there was no
oral partition at all and hence, in such a case, there could ... case, it cannot be held that there was any
reasonable or equitable partition and that it was the plaintiff who resailed
from it by turning
1987. He filed the said
suit seeking partition and separate possession of the undivided
interest of defendants 11 to 13 in the properties sold ... suit schedule properties and therefore they were entitled
for equitable partition having stepped into the shoes of
defendants 11 to 13.
5. The trial Court
time when the alienee asks for an
equitable partition. We are impressed by the fact
that in over a considerably long period, and in
doing
been independently dealt with is not a
conclusive indicator of the earlier partition of the joint family
properties and it only shows that other sharers ... sold can be put to his share in order to make
partition equitable. In support of his submissions, Mr. Gorwardkar,
relies upon following decisions
cattle sheds
(tabelas), reservation for DP roads and the aviation height
restrictions, partition of the larger Andheri property by metes and
bounds is impracticable ... Architects, appointed by the
defendants, on the other hand, indicates that equitable partition of
the Larger Andheri Property is possible. Therefore, at this stage