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
allottee of lot B cannot be compensated at all
by giving owelty money as the disadvantages attached to such
portion cannot be compensated in terms ... portion. The valuer has thereafter, proposed payment of Rs.36,800/- as
owelty money to the allottee of lot B by allottee
dwelling house.
The Commissioners of Partition shall have power to award owelty for the purpose of
equalizing the value. In case of difference of opinion ... receiver would also be empowered to take steps for
determination of the owelty money, if required. Pursuant to the above direction, a
Valuation Report
application by the defendants for execution of a decree for owelty money being Rs. 4,315/- and interest at 6 per cent, per annum being ... property allotted to the plaintiff and charged for payment of the said owelty money with interest at 6 per cent, per annum under the said
value of the shares the arbitrator shall have power to award owelty."
The arbitrator made an award dated June 18, 1963. It will appear ... respective premises, but the arbitrator was called upon to adjust the owelty that is to be paid by the respective parties. After valuation
Ballav Sen the sum of Rs. 3569-12-0.
(c) That the owelty money shall be paid by such of the parties as are liable ... respective allotments of the allottees who are liable to pay such owelty moneys shall stand charged with the payment of such owelty money and payment
that in the instant case no arrangement was made for payment of owelty money accrued out of the partition of the property. The learned Counsel ... provision for such payment is termed "a provision for owelty or equality of partition. The following passage from Story on Equity Third Edition) page
over and above his share to meet the said liabilities.
(g) The owelty moneys equalising the shares of the respective parties had been paid ... Bajoria amounted to Rs. 3,30 079.40 nP. The amount of the owelty moneys due to the other persons as appearing from the other parts
submitted that the preliminary decree does not provide for
payment of owelty money and accordingly the Court should not give
any direction for payment ... owelty money to the plaintiff and the
second defendant. On 4th July, 2016 it appears that the first
defendant has accepted adjustment of payment
prayer (c) of
that application it was wrongly mentioned that the owelty money
payable by the defendant Nos. 3, 8 and 9 would ... would be required to pay Rs. 8,847/- as owelty money
and the defendant Nos. 3, 8 and 9 would be required
