Partition Act is
complementary to Section 44 of the Transfer of Property
Act. Section 4 of the Partition Act is invoked when a suit ... arises even before the
partition is sought to be enforced. Section 4 applies in
partition suits by transferee, when a partition suit is
pending
foregoing section.
The term "suing for partition" has not been defined in the Partition Act .
However, Hon'ble Apex Court has dealt ... being stranger
purchaser did not claim any partition. As such, Section 4 of Partition Act had no
application in the facts and circumstances of this
plaintiff filed an application u/sec. 4 of the Partition
Act, 1893 (Hereinafter 'the Act') for purchasing the portion
shown in Brown colour ... Act and sec. 4 of the Partition Act, 1893. Therefore,
there is no merit in the contention of Ld. Counsel for the
defendant
plaintiffs is well within rights to
seek partition under the provisions of the partition Act. This
court should thus follow the process of the partition ... terms of the memorandum of undertaking by resorting the
partition under the Partition Act .
This has been explained by Mr. Kapoor on reading the
terms
filed by the plaintiff under
Sections 2 and 3 of the Partition Act seeking to purchase
the share of the defendant in the suit property ... each of the two parties.
7. Section 2 of the Partition Act, to the extent relevant,
provides that if it appears to the Court
suit itself was not maintainable as
Section 4 of the Partition Act is applicable only when the purchaser filed
suit for partition. In the present ... show that there had already been partition between three
brothers and therefore also, Section 4 of the Partition Act is not
maintainable. Secondly, the learned
ACT No.5 OF 1908) - S.100.
(C) TRANSFER OF PROPERTY ACT, 1882 (ACT NO.4 OF 1882) - S.44.
(D) PARTITION ACT, 1893 (ACT ... Partition Act and
Section-22 of the Hindu Succession Act. In fact, Section-44 of Transfer Property Act
gives a right to the purchaser
Bibi, the petitioner filed an application under
Section 4 of the Partition Act, 1893 registered as Misc. Case No.13 of 2007;
that, an application ... partition, the right of the petitioner to have a decision on the application
under Section 4 of the Partition Act is not legally lost
among the sharers as provided
under sections 2 and 3 of Partition Act was allowed and
permission was granted to the plaintiffs to participate ... partition has the
power to order sale of the suit property otherwise than in
accordance with the provisions of the Partition Act also. As
such
petitioner herein filed an
application under Section 4 of the Partition Act, claiming a pre-emption which
was eventually allowed by the trial court ... making an application claiming pre-emption under
Section 4 of the Partition Act. He further submits that the valuer could not
have valued the property
