Civil Procedure, 1908.‖
3.(i) What is „partition‟ is not defined either in the Partition Act or in the Stamp
Act or in the Code ... partition‟ had a different meaning than the meaning of the expression „partition‟ under
the Mitakshara School of Law. Under the Dayabhaga Law partition meant partition
10th July,
2015 passing a preliminary decree for partition, benefit of Section 4 of the
Partition Act was granted to the parties. Upon being unequivocally ... dwelling house from
seeking partition thereof.
39. Seen in this light, Section 4 of the Partition Act is a vestige of the
past which
suit for partition claiming one half share in the disputed
property. Defendant filed a petition under Section 4 of the Partition Act and
applied ... share of a dwelling house must sue for partition under Section 4
of the Partition Act and in the event of such suit for partition
invoke their right of preemption under Section 4 of the Partition
Act, 1893. According to the him, the conclusion of the learned
Single Judge that ... file a suit
for partition by metes and bounds. So, the appellants' right under
Section 4 of the Partition Act subsist, which accrued
Delhi Cooperative Societies Act, 2003 and
Section 3 of Government Grants Act, 1895 and a suit for partition thereof is
not maintainable; (d) that moreover ... Hindu Succession Act, 1956 and provisions of agnate and
cognate Acts, being Section 4 of the Partition Act and Section 44 of
the Transfer
partition is to preserve the integrity of the dwelling house. The right
of pre-emption under Sec.4 of the Partition Act is available ... decree holder
seeks execution of partition decree, can still be subjected to Sec.4 of
the Partition Act proceedings, then the said view would directly
Prabhati & Ors.
the position of the partition law prevailing before
the passing of the Partition Act by entitling the sale
of the joint property ... order of sale in a partition suit passed under
Section 8 of the Partition Act is an instrument of
Partition under Section
some shortcoming in the position of the partition
law prevailing before the passing of the Partition
Act by entitling the sale of the joint
property ... order of sale in a partition suit passed under Section 8 of
the Partition Act is an instrument of Partition under Section
Partition Act 1893, the concept of partition only
meant partition by metes and bounds or physical
partition of the joint properties. In many cases ... some shortcoming
in the position of the partition law prevailing before
the passing of the Partition Act by entitling the
sale of the joint property
some shortcoming
in the position of the partition law prevailing before
the passing of the Partition Act by entitling the
sale of the joint property ... order of sale in a partition suit passed
under Section 8 of the Partition Act is an
instrument of Partition under Section
