Munsiff ordered sale of the
property under the provisions of the Partition Act of 1893. Thereafter the
petitioner filed an application to permit ... Partition Act and, consequently,
Section 3 of the Act were not applicable. It is not under Section 3 of the
Partition Act the court directs
long title, which describes it as an Act to amend Act of 1393-
the law of partition. The substantive law relevant to partition ... direct
a sale of. a property in a partition suit.' The Partition Act of 1893 for the first
time made it possible
properties, which are subject matters of a partition suit, apart
from the provisions of the Partition Act, 1893 . But, having regard to Rule ... held that apart from the provisions in
Section 2 of the Partition Act, 1893, for a just and equitable partition, the
court can direct
hence, the
defendant is having right of preemption under the Partition Act . She has
further contended that she has got a right to purchase ... partition, the said issue could
not be decided. The appellant is at liberty to make her claim under Section 4
of the Partition Act
existing Central Court Fees Act and the
present State Act. As shown above, Section 7(iv)(b) of the CF Act, 1870
dealt with enforcement ... statutory schemes under the CF Act, 1870 and SV Act, 1887 are
entirely different from those under the KCF Act, insofar as it relates
this section, "partition" means any
partition made by execution of a deed of partition duly registered under
the Registration Act ... Explanation defines "partition" as any partition made by execution of a
deed of partition duly registered under the Registration Act, 1908 or partition
section 6(5)
recognises partition effected by execution of a
deed of partition duly registered under the
Registration Act, 1908 or by a decree ... this
section partition means any partition made by
execution of a deed of partition duly registered
under the Registration Act
Section 4 of Hindu Amendment
Act, 2005 (Act 39 of 2005), Section 23 of Hindu Succession Act
1956 is omitted. The question is whether ... explained that "partition" means any partition made by
execution of a deed of partition duly registered under the
Registration Act, 1908 or partition
under Sections 2 , 3 , 4 and 5 of Partition Act and 151 of CPC seeking for permission to purchase the sharers of the respondents ... separation of his share. In that case Section 4 of the Partition Act comes into play. Except for Section 4 of the Partition Act there
ordered sale
of the property by invoking the provisions under the Partition Act, 1893 .
Ext.P8 is the order passed by the court below ... that even if Sections 2 and 3 of the Partition
Act, 1893 are not applicable, it does not affect the inherent power of the
court
