they had not brought the suit for partition. The learned Judges observed:
Section 4 , Partition Act, is a logical sequel of or corollary to Section ... course of another suit, the defendant applied to have a partition under the Partition Act , is correctly regarded as having 'sued' for partition
purchase the share of the plaintiff under Section 4 of the Partition Act.
2. The plaintiff is the son of one Kayambu Nadar, whose brother ... appellants herein filed a petition under Section 4 of the Partition Act, for a direction to the first respondent herein to execute and register
round the express terms of the Partition Act by acting outside the provisions of the Act. This decision of the Division Bench was followed ... sale in a suit for partition was held limited to the cases provided for in the Partition Act .
9. In Ramaprasada Rao v. Subbaramaiah
shares of the defendants by invoking Section 3 of the Partition Act and in I.A. No. 214 of 1971 dated 5th March ... sold under the Act". The Act itself contemplates two types of sales. Sections 2 , 3 and 4 of the Act initially enables the sharers
partition Suit would result in a "decree for partition". The legislature only provided for such right when the "transferee sues for partition ... claim to partition by the stranger/outsider. This could be by way of initiating a proceeding for partition or even claiming partition in execution. However
Transfer of Property Act, 1882 (hereinafter
referred to as “the T.P. Act ”). Section 44 of the T.P. Act dealing
with cases of transfer ... what Section 4 of
the Act purports to do. Section 4 of the Act provides as under:
“4. Partition suit by transferee of share
Transfer of Property Act, 1882 (hereinafter
referred to as “the T.P. Act ”). Section 44 of the T.P. Act dealing
with cases of transfer ... what Section 4 of
the Act purports to do. Section 4 of the Act provides as under:
“4. Partition suit by transferee of share
Transfer of Property Act, 1882 (hereinafter
referred to as “the T.P. Act ”). Section 44 of the T.P. Act dealing
with cases of transfer ... what Section 4 of
the Act purports to do. Section 4 of the Act provides as under:
“4. Partition suit by transferee of share
invoking Section 2 of the Partition Act of 1893.
6. The prayer itself had been framed in an extremely singular fashion. It reads as
follows ... division in partition
suits.—Whenever in any suit for partition in which, if instituted
prior to the commencement of this Act, a decree for partition
they had not brought the suit for partition. The learned Judges observed-
" Section 4 Partition Act, is a logical sequel of or corollary ... course of another suit, the defendant applied to have a partition under the partition Act, is correctly regarded as having "sued" for partition
