appellant is entitled to the benefit of Section 4 of the Partition Act. The decision of a learned single Judge of this Court in Rukmi ... partition in which he is the plaintiff and the transferee in possession is a defendant."
Now Section 4 of the Partition Act
partition of the house or whether the house should be valued and be sold to the defendant under Section 4 , Partition Act. In case ... would be entitled to a partition of the house.
2. As regards the question whether Section 4 , Partition Act, applies to the case
purchase the share of the plaintiff under Section 4 of the Partition Act, 1893 (hereinafter referred to as the ' Partition Act ... claim to partition by the stranger/outsider. This could be by way of initiating a proceeding for partition or even claiming partition in execution
Partition Act of 1893. Significantly, the Transfer of Property Act, 1882 was an enactment prior in time to the Partition Act . Section ... decree proceedings are decided in a partition suit till then an application under Section 4 of the Partition Act can be made.
(x) In Woodland
Transfer of Property Act, 1882 (hereinafter referred to as the T.P. Act '). Section 44 of the T P. Act dealing with cases ... what Section 4 of the Act purports to do. Section 4 of the Act provides as under :-
"4. Partition suit by transferee of share
share of plaintiff Smt. Mahmood Fatima under section 4 of the Partition Act 1893 read with Section 44 of the Transfer of Property Act ... Partition Act as conditions enumerated in the Act for getting right of pre-emption under Section 4 of the Partition Act were not fulfilled
suit for partition if it has not been filed by the transferee, the application under Section 4 of the Indian Partition Act is not maintainable ... entire dwelling house is not a suit for partition. Section 4 of Partition Act does not entitle a co-sharer to buy out the stranger
wherein Rahat Ullah moved an application under Section 4 of the Partition Act. This application was allowed by the Civil Judge by the Judgment ... illegal as his plea which is based upon Section 4 of Partition Act, has not been examined on facts by any Court. It is urged
instituted the suit for partition which has given rise to this appeal. The defence was founded on Section 4 , Partition Act. It was pleaded that ... Partition Act. Section 5 , T.P Act, provides that in certain specific sections of that, Act "transfer of property" means;
An act
religion. The property if is joint it requires partition which attracts the provision of the partition Act. Similarly transfer of joint property attracts the provision ... partition. There appears to me 10 be no reason why the words 'undivided family' as used in Section 4 partition Act, should have
