Court : Supreme Court of India
Reported in : AIR2010SC53; 2009(57)BLJR1293; JT2009(3)SC616; 2009(3)SCALE865; 2009(3)LC1193(SC):2009AIRSCW5572:2009(2)LHSC1095
..... undertaking or applying to buy it at a valuation. the purpose underlying the section undoubtedly appears to be to prevent the property falling into the hands of third parties if that can be done in a reasonable manner. it would appear from the objects and reasons for the enactment of the partition act that as the law stood the court was bound to give a ..... in law but even in regard to agreed inter se sale amongst the co-sharers, the provisions of the partition act were required to be followed.81. in k. ramamurthi iyer v. raja v. rajeswara rao : 1scr904 this court held:the scheme of sections 2 and 3 apparently is that if the nature of the property is such or the number of shareholders is ..... of rs. 24,00,000/-66. the core question which arises for our consideration is as to whether the said purported auction was held de'hors the provisions of the partition act, 1893 or in accordance therewith. indisputably the property situated at netaji subhas road, calcutta, is a double storeyed building on a land measuring 12 = cottah. it is situated at a prime ..... to any relief.iv. the high court committed a serious illegality insofar as it failed to deal with the contentions raised by the appellants on fraud and collusion of the parties.v. the commissioner had no authority to put the properties on auction on 8.05.1997 which was beyond the period of three weeks granted by the court.vi. no bid .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1979Cal79
..... . calcutta as alleged in paragraph 1 of the plaint ? 2. if so, are the defendants entitled to purchase the half share of the plaintiff under section 4 of the partition act as claimed in ..... undertaking must be the date on which the valuation is to be made.12. i have carefully considered the contentions made by the respective parties. section 4 of the partition act of 1893, a corollary to section 44 of the t. p. act, denies the right of joint possession to stranger-purchasers and gives the members of an undivided family a statutory right to purchase the share ..... share therein. it is further the admitted case of the parties that on dhirendra's death his share devolved on the defendants nos. 1 to 5 jointly and that the property has never been partitioned andis a dwelling house. he submits that the said facts are sufficient to sustain a case under section 4 of the partition act. he submits further that the trend of cross-examination ..... alia averred therein that the defendant nos. 1 to 4 are jointly the owners of a moiety share in the premises and in any event entitled to claim benefit under section 4 of the partition act. 1893. in this background, the only issues settled for determination are:--issues 1. is the plaintiff a purchaser of half share of premises no. 23, krishna ram bose street .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1930Cal616
..... bidder, that is to say, that there should be a sale under section 6, partition act. the learned advocate for the appellant has drawn my attention to the recent case of ram prasad v. mukundi : air1929all443 . in that case a house, which was the subject-matter of partition was found to be incapable of partition. the plaintiff asked the court that the sale might be confined amongst ..... be sold to him.7. conceding that the partition act applies to the present case, the next question is whether there was a request by the plaintiff as contemplated in section 2 of the act. in the plaint no doubt the plaintiff made a prayer that the commissioner might be empowered to award compensation to the parties making their respective shares equal. in his petition ..... the value of 14 annas share.3. in coming to the above decision the courts below have had recourse to the provisions of the partition act, 1893. the learned additional judge has further held that, even apart from the partition act, the defendants would be liable to a decision in their favour having regard to general principles. it appears that the plaintiff sought to rely ..... the plaint the plaintiff made an alternative prayer that if the division of the property cannot conveniently be made a direction might be given to the commissioner to compensate the party who might get less than what was due to his share. in his defence the defendant made a prayer that he should be allowed to purchase the share of the .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1964Raj229
..... . this is a revision application by one of the defendants against an order of the executing court dismissing his application purporting to be under section 3(1) of the partition act 1893.2. bhjkam chand respondent no. 1 instituted a suit for the partition of two properties. -- one measured about 167 sq. yds. and referred to as house and the other measured about 57 sq. yds ..... that they may be sold by auction amongst the co-sharers. reliance is placed on ram prasad v. mt. mukandi, air 1929 cal 443 and mohit krishna v. pranab chandra, air 1930 cal 616. sections 2, 3 and 6 of the partition act run as follows:section 2 ..... amongst the share-holders then his application cannot be an application under section 2 of the partition act. consequently section 3(1) will not apply to such an application. the application of ram gopal was therefore rightly rejected.7. i accordingly dismiss the revision application. in the circumstances of the case, i direct that parties shall bear their own costs.8. the interim stay order passed ..... as sale has 'not yet taken place he is entitled to make an application under section 3(1) of the partition act. reliance is placed on nitish chandra v. promode kumar, air 3953 cal 18.5. the contention on behalf of bhikam chand is that his application was not under section 2 of the partition act as he did not ask for a public auction of the properties but prayed .....Tag this Judgment!
Court : Kolkata
Reported in : 7Ind.Cas.436
..... rule to set aside an order, by which the court below has refused an application made by the petitioners under section 4 of the partition act of 1893. the petitioners were two of the defendants in a suit for partition of joint property, commenced by the plaintiff opposite party, who has purchased an one-fourth share from one of the share-holders. in the schedule attached to ..... decree. the case of kali kumar v. brahmananda 7 c.l.j. 98, where the earlier authorities do not appear to have been brought to the notice of the court ..... in the cases of hira moni v. radha charn 5 c.w.n. 128; kadir v. abdul rahiman 24 m. 639, abdus samad v. abdur razzaq 21 a. 409 and bai hirakore v. trikamdas 32 b. 103 : 10 bom. l.r. 23 : 3 m.l.t. 141, where it was ruled that an application, under section 2 or section 4 of the partition act, may be made after the preliminary ..... an area of two and a-half bighas, was said to be the family dwelling house of the defendants, inclusive of tank and appurtenances. the other parcels, which cover about 5 bighas and a-half, appear to adjoin the first parcel. the boundaries given are those of the entire land comprised in the five parcels. a preliminary decree was made on .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1971Raj42; 1969()WLN282
..... behalf of kishanlal before the trial court that as an order for public sale had already been made under section 2 of the partition act it was not open to the minor sons of daulal to make an application under section 3(1). reliance was placed on angamuthu mudaliar v. ratna mudaliar, air 1925 mad 1234. on behalf of the minor sons the decision in nitish chandra ..... /- and ordered public sale on, 8-9-65. the date of sale was 18-10-65. before the sale took place daulal's minor sons filed an application under section 3(1) of the partition act for leave to buy the share of kishanlal at the valuation made by the court. no notice of this application was given to kishanlal, but he had knowledge ..... the sale of the bada instead of dividing it. on this application the court fixed rs. 3,000/- as the reserved price and ordered public sale under section 2 of the partition act. no bid was offered by any one. kisnanlal then applied for reducing the reserved price to rs. 1500/-and ordering re-sale. at this the court fixed the reserved price ..... of the appellate court and direct the sale to the sons of daulal of kishanlal's share for rs. 750.10. in the circumstances of the case, i leave the parties to bear their own costs.11. one month's time is granted to the sons of daulal to deposit the balance of the price in the court of munsif, bikaner .....Tag this Judgment!
Court : Karnataka
..... dated 14.03.2001 and it is also given effect by registering a partition deed in terms of the joint memo in the office of the sub-registrar, bagepalli. it is also stated that the joint petition under section 13-b of the hindu marriage act, 1955 has also been filed. parties submit that they will make joint efforts in dispose of the bangalore property ..... to file f.d.p. and he has to apply for the execution for seeking delivery warrant and held that the f.d.p. is closed. 5. the plaintiff/petitioner later on filed an application under section 151 cpc to re-open the f.d.p. and to hear the application for re-issuance of the delivery warrant. the family court in view ..... court shall execute the order as if it were a decree made by that court. sri ananth mandagi further with reference to sub section (5) contended that the filing of f.d.p. would be bad in law and that award passed by the lok adalath in terms of the compromise should only be executed ..... by a majority of the persons constituting the permanent lok adalat. (4) every award made by the permanent lok adalat under this act shall be final and shall not be called in question in any original suit, application or execution proceeding. (5) the permanent lok adalat may transmit any award made by it to a civil court having local jurisdiction and such civil .....Tag this Judgment!
Court : Orissa
Reported in : AIR2004Ori181; 98(2004)CLT445
..... was fixed. therefore, in this case, this court finds not a case of breach of law by the opposite party to defeat his claim under section 4 of the partition act. on the other hand, it is seen that on the application under section 4 of the partition act the executing court passed the order in part i.e., by deciding maintainability of the application, then allowing it on ..... 277 on the position of law that extension of time cannot be granted by the court to deposit such money.5. the opposite party on the other hand while supporting to the impugned order contended that while granting relief under section 4 of the partition act and directing him to deposit the money, no specific period was stipulated. be that as it may, he deposited the ..... sc 750, sulleh singh and ors. v. sohan lal and anr., air 1975 supreme court 1957 in support of ..... is in crossed swords situation with the opposite party all through out.4. the revision-petitioner reiterate his contention in support of the claim of non-executability of the order passed under section 4 of the partition act in favour of the opposite party and relied on the cases of naguba appa v. namdev, air 1954 sc 50. duttatraya v. shaikh mahaboob shaikh all and anr., air 1970 .....Tag this Judgment!
Court : Orissa
Reported in : 95(2003)CLT20
..... approach of the forums below in appraisal of the materials on record is against the principles, under section 4 of the partition act and if so if the defendants 1 to 6 are protested under section 4 of the partition act.' 6. at the time of hearing of this appeal learned counsel appearing for the appellants did ..... nidhi, chinta, mohan one branch and our branches are all joint', the question for determination is if the defendants are entitled to seek relief under section 4 of the partition act, when the plaintiffs are in joint possession of their purchased land since 1961. (iii) whether in view of suit plot no. 555 is ..... appellants which are subject-matter of 'gha' schedule property consists of house and homestead and they are entitled to repurchase the same under section 4 of the partition act.4. on the basis of the pleadings as aforesaid the learned subordinate judge framed nine issues and held that there was severance of ..... years together, it may not be open for a co-sharer to seek for relief under section 4 of the partition act. this question was also dealt with by this court in the case of smt. hemalata pati v. motiranjan das in misc. appeal no. 786 of 2000 disposed of on 1.11 ..... their successors in interest respectively were possessing lands and accordingly the properties came into possession to the successors in their respective branches who are parties before this court. the appellant had purchased 57-1/2 decimals of land by a registered sale-deed from respondent no. 7 and continued .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1981Cal424
..... name was mutated in the re-cords of the corporation. nor does the same debar the defendants from claim-ing the benefits under section 4 of the partition act.' (g) satyendu kundu v. amar nath reported in : air1964cal52 . this decision of a division bench of this court was cited for the following propositions ..... dwelling-house belonging to an undivided family.' (b) dulal chandra chatleriee v.gosthabehari mitra reported in : air1953cal259 . this is also a judgment of a division bench of this court. this is a case under the partition act. 1803. construing section 4 of the said act, it was observed by the division bench as follows (at p. ..... into the dwelling house belonging to an undivided family. (ii) a liberal interpretation is to be put upon the provisions contained in section 4 of the partition act. as would promote and fulfil is object, which is to preserve the integrity of the family dwelling house and to enable the members ..... such an intention or not is a question of fact, to he decided upon the circumstances prevailing in each case. for example, if the parties have given a permanent lease, it may be said to militate against their having an intention of resuming residence. (viii) that some of the ..... reduced to the position of a stranger, so far as possession is concerned, on account of the disability imposed upon him by the second part of section 44 of the transfer of property act. the remaining co-shnrers can. therefore, in-junct him from entering into possession of the dwelling house .....Tag this Judgment!