assessee to settle inequalities in partition, thus, a
provision of owelty, represents immovable property and
is not an income exigible ... hand, learned counsel for the respondent
relying upon the 'principle of owelty', argued that the amount of
6
compensation received by the assessee
days time to the appellant Shri Damodar Ramnath Alve to deposit the owelty money, cancelled earlier auction and has ordered a fresh auction ... prepared and as per the chart, the appellant was to pay as owelty money a sum of Rs. 32,772.27 paise to Gajanan (respondent
CITATION:
1957 AIR 577 1957 SCR 775
ACT:
Partition Suit--Decree for owelty -Absence of express
declaration of charge-Charge, if created by necessary
implication ... Priority.
HEADNOTE:
Per BHAGWATI and IMAM jj. A decree for payment of owelty
money by one co-sharer to another in a Partition Suit, even
inter alia, as follows:
I. The plaintiff Sunil Krishna Tarafdar would pay owelty money in respect of his allotment of a portion of the premises ... remaining half share of the same business Bimal Brothers, would pay as owelty money to the defendants
Full Bench because of a common question arising in them viz., whether owelty is a debt within the purview of the Kerala Agriculturists' Debt ... Relief Act, 1958.
2. "Owelty" is defined in Black's "Law Dictionary" (2nd Edn., page 865) thus :
"Owelty. Equality
entitled to the reliefs because she has failed to pay the owelty money corresponding to Rs.23,333.91p. as directed by the final order ... inventory proceedings, that upon failure to pay the owelty money Jose Mario is entitled to retain the possession. It was also the case of tenant
each of the other six sons of Palanikumar Pillai, by way of owelty on the footing that the value of the third Schedule property which ... allot the house entirely to plaintiffs 3 to 7 and provide for owelty to the appellant herein. In that application, there was a specific reference
each of the other six sons of Palanikumar Pillai by way of owelty on the footing that the value of the III Schedule property which ... allot the house entirely to plaintiffs
3 to 7 and provide for owelty to the appellant herein. In that application there was a specific reference
appellant confined his arguments against the award of interest on the owelty amount awarded for equalisation of the shares. He submitted that being the amount ... awarded for equalisation of the shares, the owelty awarded in partition suit part takes the nature and character of the asset in the partition
inheritance; the value of the share of the
parties and the owelty money payable by the
highest bidder was drawn on 04.09.2007 and the
final ... Costa, learned Senior counsel appearing for the
appellants that the owelty money due to the
other heirs was paid except to the respondent
