raises an Interesting point under Sections 2 and 3 of the Partition Act, 1893.
2. Under the decree for partition, passed in Special Civil Suit ... partition the property; and hence an application was made on Jan. 9, 1976 for sale of the property under Section 2 of the Partition Act
common ground that this is not a suot under the Partition Act . Mr. Phadkar, learned counsel for the plaintiffs, submitted that the suit property should ... order a sale in a partition suit if it was not covered by the provisions of the Partition Act .
11. Mr. Variava also made reference
requested for sale of property put to execution of
a partition decree. The Partition Act empowers the Court
to order sale of property when partition ... partition by metes and bound. So, when metes
and bound partition was not possible then it results into a
stalemate.
b] The Partition Act
Shub Karan Bubna, para
18.2).
........ .......
(ix) In a partition suit, under Section 2 of the Partition Act, having
regard to the nature of the property ... stage of a
decree for partition. However, from the text of section 2 of the
Partition Act, 1893 an inexorable and immutable rule that recourse
appellant is that the partition has to be effected in accordance with the provisions of the Partition Act . To understand his contention it would ... Partition Act and therefore, the provisions of the said Act, and at any rate the provisions of Section 3 of the said Act, were
contended that he has right of pre-emption as provided under
Partition Act, 1893 and Hindu Succession Act, 1956 and he is
entitled to purchase ... share in the partition. This is the
purpose behind the provisions of section 4 of the Partition Act,
1893. Though in strict sense defendant
Commissioner to consider the application of partition has to apply the provisions of Partition Act .
7. After considering submissions of both the parties, readwith provisions ... demolish the constructed plot/partition if necessary. The provisions of Partition Act invoked in no way can be extended to the construction made by defendant
Commissioner to consider the application of partition has to apply the provisions of Partition Act .
7. After considering submissions of both the parties, readwith provisions ... demolish the constructed plot/partition if necessary. The provisions of Partition Act invoked in no way can be extended to the construction made by defendant
Transfer of Property Act and Section 4 of the Partition Act, 1893. The case was that the suit property was a dwelling house ... Property Act. Section of the said Act carries forward the law laid down in Section 44 of the Transfer of Property Act.
(4) In order
ignore such act of partition and its effect. The word Partition means division. That may be brought about by act of parties and interest transferred ... while effecting either the transfer or partition and not against transfer or partition and not against transfer or partition as such. That is in keeping
