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Section 4 in The Partition Act, 1893
4. Partition suit by transferee of share in dwelling- house.-
(1) Where ... member of such family and such transferee sues for partition, the Court shall, if any member of the family being
Central Government Act
Court to order sale instead of division in partition suits.- Whenever in any suit for partition in which, if instituted ... commencement of this Act, a decree for partition might have been made, it appears to the Court that, by reason
Central Government Act
Preliminary decree in partition suit-Death of some parties-
Redistribution of shares-No fresh preliminary decree drawn
up-Appeal without ... could pass more than one preliminary
decree in a partition suit.
Hindu law-Agarwala Jains--Share given to mother
Supreme Court of India
sale and division of the proceeds
of sale in partition suits. The Code of Civil Procedure! (as then in force ... Count to order sale instead qi division in partition suits th° A"'
(section 2), and
(b) right of any member
Law Commission Report
right to enforce the sale by a partition suit for ascertaining
and separating the father's share and interest ... debtor before the sale and therefore necessarily before a
partition suit by the purchaser, the right of survivorship
Madras High Court
Court of the Additional
Sub-Judge, where the partition suit was Rending and both the
suits were tried together ... judicata because he filed the appeal in the
partition suit as a matter of right, which was not available
Supreme Court of India
change in the nature of his property. A partition suit changes the form
of enjoyment of the property. Instead ... section cannot be deemed to apply to a partition
suit where the plaintiff is in joint possession. A joint owner
Madras High Court
claim. He further pointed out that
in a partition suit a defendant seeking a share is in the
position ... considerations it would also enable the plaintiff in a
partition suit to withdraw that suit and defeat the
defendant
Supreme Court of India
plaintiff for passing a preliminary decree in the partition suit are as
follows:
The plaintiff filed the suit for partition ... rights arising after the
preliminary decree in a partition suit, the Mysore High Court in R.
Gurubasaviah v. Rumale Karibasappa
Andhra High Court
High Court
passed a final decree in the partition suit in December
1949, but did not immediately discharge the Receivers ... decree by the High Court was passed in
the partition suit, and the understanding of the parties and
the executing
Supreme Court of India
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