2011in CS(OS) No.2243/2010 Page 6 of 38
as Partition Act will not be applicable to the sale ... partition. There appears to me to be no reason why
the words 'undivided family' as used in section 4 of
the Partition Act
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
preliminary decree of partition as well as a decree of pre-emption under Section 4 of
the Partition Act, 1893. The plaint case in short ... submits that the suit for partition together with a prayer
for pre-emption under Section 4 of the Partition Act was filed
sharers, filed an
application under Section 4 of the Partition Act claiming
preemption, which was registered as Misc. Case No. 5 of
1992. The said ... order. Thus, the application for preemption under
Section 4 of the Partition Act stood allowed and for the
purpose of ascertainment of the market value
equity.
(iii) The question of invoking the provisions of the Partition Act would arise only in case the property is found not partible. The Commissioner ... ground of equity and in the light of the provisions of partition Act, we deem it fit and proper to refer the salient features
right to enforce his right under Section 4
of the Partition Act or under Section 44 of the Transfer of Property Act. According ... family within the
meaning of Section 4 of the Partition Act? and (b) whether in the absence of the
transferee suing for partition a shareholder
which was allotted to
them in the partition and, therefore, provision of Section 4 of Partition Act is
not attracted. The other allegations made ... Since there had already been partition between the parties, the
partition suit itself is not maintainable. If partition suit is not maintainable
then the daughters
moved by the plaintiff under Sections 2 and 3 of the
Partition Act, the plaintiff gave a proposal to purchase the share of the
defendant ... said application moved by the plaintiff under Section 2 of the
Partition Act proposing sale of the said property and on the request
made
Transfer of Property Act and Section
4 of the Partition Act as well as on the decisions in Gangadhar Mallik
and another -vrs.- Kahnu Sethi ... Reliance was placed on the provisions under Section 4 of
the Partition Act and under Section 44 of the Transfer of Property Act
plaintiff of the disputed
house as per Section 4 of the Partition Act, 1893 (for short " The Partition
Act ").
2. The suit ... Apex Court
has held the object of Section 4 of the Partition Act is to prevent a transferee
of member of a family
