carved out in his share. In the circumstances, the principles of owelty be applied. An equitable distribution of the property would be achieved, without intrinsic ... value being diminished. Therefore, he prayed that the principles of owelty be applied and allot the said area to him.
9. The plaintiffs filed counter
National High way on
one side and therefore the direction to pay owelty amount is
unsustainable. It was also pointed out that evidence ... value of the shares and in such circumstances
the direction to pay owelty amount as well as quantum of share
of profits
which it remanded the case for a limited purpose of considering the
owelty amount due to other sharers after confirming allotment of various plots ... exclusively allotted to the
2nd defendant and directed her to pay owelty to the plaintiff and other defendants.
Challenging that decree and judgment defendants
accepting the allotment as provided under Exts.C6 share
list. Consequently owelty was directed to be paid in accordance
with Ext.C6 share ... share list, first appellate court wrongly directed the
payment of original owelty amount itself as directed by the trial
court accepting Ext.C6 share
remained was payment of the sum of
Rs.28,941/- payable as owelty amount by the writ petitioner to the
respondents ... submission of a plan and report with his
statement for releasing the owelty amount of Rs.28,941/-. Ext.P1 is
claimed
accepting the allotment as provided under Exts.C6 share
list. Consequently owelty was directed to be paid in accordance
with Ext.C6 share ... share list, first appellate court wrongly directed the
payment of original owelty amount itself as directed by the trial
court accepting Ext.C6 share
discretionary power to adopt equitable method. One such equitable method is called owelty. According to owelty method the rights and interests of the parties ... specie, there is no alternative but to resort to the process called owelty, according to which, the rights and interests of the parties
construct a separate houses,
that property cannot be divided. Hence as owelty No. 1
of us is liable
then the court has the discretionary power to adopt equitable method of owelty. In the instant case, the Court Commissioner submitted a report stating that
specie, there is no alternative but to resort to the process called owelty, according to which, the rights and interests of the parties ... incapable of being division in specie. The Court permitted the process of owelty to be adopted. The ancillary issue before such a principle could
