peculiar sum paid by Order of the Court to effect an equitable
partition of property when such partition in kind would be
impossible, impracticable ... husband. The facts also clearly established that there is
no equitable partition or distribution of family shares/
assets. The chart reproduced above shows that
sons and myself, i.e., smaller family 1/3 share. After this partition I have taken over the whole of the family business with place ... smaller family, thus, making out a just and equitable partition, which cannot be assailed in a court of law even at a later date
similar other methods are adopted by Courts in making an equitable
partition of the joint properties either with the consent of the parties ... process of
equitable partition. It would well-night be impossible for a Court to
effectuate a partition on an equitable basis, if it should
also c learly established that ther e is
n0 equitable partition or distributi on of family s har es /
as sets . The chart reproduced above
divided
member an absolute title to a specified property, whereas before the partition he
had only some interest in the entire joint family property. Though ... brothers would have got 2 houses each, and the
partition would have been equitable and fair. But during these 30 years one village
developed into
loan by depositing title deeds in favour of the Bank by creating equitable mortgage and the title deeds are standing in the name of Munirathnam ... that by deposit of the certified copy of the partition deed as equitable mortgage. Apart from this, the Bank witness further stated that
party that the partition deed No.1424/90 was deposited with the opposite party at the time of creating the equitable mortgage ... seen that the partition deed No.1424/90 was deposited with IOB and created equitable mortgage on 11.12.2003. Exhibit B9(a) is the certified copy
with intent to create equitable mortgage by deposit of title deeds which also shows that partition deed number 4074/1990 was deposited along with other ... cents of property covered by the partition deed. So the possibility is that the original partition deed came into the possession of the complainant
property as collateral security and
created equitable mortgage by way of
depositing original partition deed. It is a self acquired property of his
father ... entire stock was damaged.
In fact, earlier the complainant
had created equitable mortgage in favour
of Andhra Bank and deposited the title
deeds
with the Bank only with the intention to create equitable mortgage and R1 has created equitable mortgage. This is a mortgage by deposit of title ... supported by the title deeds and the Partition Deeds mentioned supra clearly prove that R1 has created equitable mortgage with the Bank and the appellant
