plots of land left by Tejarat was not maintainable. The ordinary rule that a suit for, partial partition of the properties owned by the parties ... partition of his share. The other members of the vendor's family contended that the suit, being one for partial partition, was not maintainable
only is in effect a suit for partial partition and hence not maintainable.
7. The court below found that all the five brothers were entitled ... therefore the present suit must be regarded as suit for partial partition and not maintainable on that ground.
11. The stipulation in the ekrarnama deed
Bisu Bouri and others had not been included in this suit, so this suit for partial partition is not maintainable ; that five brothers inherited ... also contended that the partial partition prayed for a single plot No. 7707 is not maintainable when in the earlier partition suit, already that plot
appeal, learned
counsel for the appellant could not dispute that the suit for
partial partition is not maintainable in law. The finding of the
Court ... such, a suit for partition is not
maintainable on its own case of the plaintiffs that partition had
taken place in the year 1930, however
plaintiff had not asked for partition of the land of khata No. 221 and suit for partial partition was not maintainable. It is pertinent ... partition. The court of appeal below held that suit for partial partition was against the general rule and as such the suit was not
maintainable
thereon, the suit will not be maintainable.
9. Thedefendant No. I further contended that the suit is bad for partial partition as the plaintiff deliberately ... defendant No. 2 that the suit as framed was not maintainable and it was barred by adverse possession as also barred under the Proviso
hotchpot for partition several properties, movables and immovables, belonging to Md. Ellyas Hussain and Habibul Hassan, the suit is not liable to be dismissed ... rule that a suit for partial partition of the properties owned by the parties to the suit is not maintainable does not however, apply
village-Begumpur were partitioned and
according to partition all parties came in separate possession.
The said Partition was private in which five divisions were
made ... pleaded is that
the suit as framed is not legally maintainable due to limitation
and partial partition. The plaintiffs have no concern with the
suit
hence section 4 of Partition Act is not applicable in the instant
case.
(h) The present suit property is not ancestral residential house ... court of appeal below that the
suit is not maintainable, on account of partial partition is
erroneous in law?
(ii) Whether the court below erred
share from Bulak Sao and, as such, a partial partition in the suit property is not maintainable. Against this, Mr. P.K. Prasad ... share on partition and that would not effect in any way while making the allotment in favour of the plaintiffs on partition. I find that
