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Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Year: 1949 Page 1 of about 8 results (0.301 seconds)

Feb 02 1949 (PC)

Hasan Badsha, Minor by His Father and Next Friend K. Mahomed Ghouse Sa ...

Court : Chennai

Decided on : Feb-02-1949

Reported in : AIR1949Mad772

..... trial on 26th september 1947 both parties conceded that the property was incapable of being divided by metes and. bounds and that it should be sold under the provisions of the partition act. on the same day, the defendant who wanted to purchase the property under section 8 of the partition act was given time for filing an ..... 5 and 6 of the plaint, it is distinctly averred that as a division by metes and bounds was not possible, the property might be directed to be sold under the partition act and the proceeds divided. in para. 9 of the plaint the plaintiff prayed for a sale of the house under the partition act between the parties. ..... share of the plaintiff. it may also be that having regard to the fact that the defendant is a minor, the court may not, under section 5 of the partition act, sanction the purchase. it is no doubt true that an advantage has accrued to the defendant by reason of the admissions made in the ..... arisen, alleging that the property was capable of a convenient division by metes and bounds, that the statements to the contrary made in paras. 5 and 6 of the plaint and before the court on 26th september 1947 were all due to a mistake and that the proceeding should be amended ..... . no. 706 of 1946, declining to allow the plaintiff to amend his plaint by withdrawing certain allegations made in para. 5. the suit was laid by plaintiff, a minor, acting through a next friend, for partitiou and possession of a half share in a certain house property, the defendant being entitled to .....

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Sep 09 1949 (PC)

Boto Krishna Ghose Vs. Akhoy Kumar Ghose and ors.

Court : Kolkata

Decided on : Sep-09-1949

Reported in : AIR1950Cal111,54CWN660

..... house except certain khas lands which bad previously been partitioned between the parties. upen was then dead and his share had devolved on his sons defendant 1 and his brothers. they were joined as defendants, as also the heirs of the brothers of fakir. in his written statement defendant 1 made a prayer under section 4, partition act for buying up the plaintiff's share in ..... against him and the competence of defendant 1 as the son of upen to make any claim under it. the appellant has contended before us that properly construed the section is wide enough to embrace both him and the plaintiff within its ambit.5. section 4(1), partition act, which is the relevant provision, is in these terms :'where a share of a dwelling house belonging ..... to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the court shall, if any member of the family ..... owns a dwelling house and has not divided it. it does not mean hindu joint family or even joint family. the members need not be joint in mess (latifannessa bibi v. abdul rah-man : air1934cal202 and the cases cited therein). the essence of the matter, therefore, is that the house itself should be undivided amongst the members of the family who .....

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Sep 06 1949 (PC)

Sri Muthangi Butchi Ramayya Vs. Gurrala Venkata Subbarao and ors.

Court : Chennai

Decided on : Sep-06-1949

Reported in : AIR1950Mad214

..... with his brothers did not avail himself of the right given by the decree in the former suit under section 4, partition act, and, secondly, by saying that the present suit is not within the purview of section 4, partition act and that consequently there is no right such as is claimed by the plaintiff which can be ..... the present defendant 6 who was the plaintiff in the former suit, under the provision of section 4, partition act. defendants 1 to 5 in fact were given the chance to buy up the share in accordance with the provision of that section of the act, but, they did not avail themselves of it. the present plaintiff ..... as himself or herself entitled to ask for the relief under section 4 on the basis that there was a suit in the eye of law by the stranger-transferee himself for a partition. i am not sure that this sort of strain put upon the situation in those ..... is one peculiar feature which distinguishes them from the case before me, viz., that the stranger-transferee happened in those cases himself to apply for partition with the result that it became open to the court notionally and virtually to regard him as plaintiff and, thereafter, to regard the original plaintiff ..... of the act which, according to him, confers upon him an individual right of his own irrespective of the rights of his father defendant 2 or of the other members of his branch of the family who were parties to the former action.2. this claim of the plaintiff is answered by defendant .....

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Mar 04 1949 (PC)

Adiyalath Katheesumma and anr. Vs. Adiyalath Beechu Alias Umma and ors ...

Court : Chennai

Decided on : Mar-04-1949

Reported in : (1949)2MLJ268

..... stated that hjs client was entirely agreeable to the partition of the tarwad properties. the fourth defendant and his mother filed o.p. no. 50 of 1941 in the court of the additional district munsif, tellicheny, under section 5 sub-section 2 of the madras moppilla marumakkathayam act xvii of 1939 (see exhibit d-14). paragraph ..... described by holloway, j. : 'a malabar family speaks through its head, the karnavan'. the question, however, is whether this power or right of representation enables the manager of a joint hindu family or the karnavan of a malabar tarwad to receive on his own behalf and on behalf of all the ..... as follows:it is enough to say that the essential characteristics of.hindu law as understood by the writers of the benares school are survivorship and representation. so far as a cursory examination of these treatises goes the idea of survivorship is in entire consonance with the genius of hindu law as ..... be sufficient. it is difficult therefore to see on what principle can the opinion of the learned author be based so as to justify the representation by the manager of the other coparceners to receive the notice. the division in status even if it be of one member carries with it ..... parties which of course must have been known to the members of the family. in the case of ramnarain sahu v. msi. makhna (1939) 2 m.l.j. 569 : i.l.r. 1939 all. 680 (p.c), their lordships of the judicial committee held that if a coparcener, or if he is under a. disability, any person entitled to act .....

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Mar 22 1949 (PC)

Kalakkathankandi Chathan Vs. Valia Parambath Cheeru and ors.

Court : Chennai

Decided on : Mar-22-1949

Reported in : (1949)1MLJ622

..... learned district munsiff should have given effect to in the previous application was an order for the sale of the house and the entire garden in court auction under section 2 of the partition act read with section 6. this course will now be adopted. it will be open of course, to the sharers to bid, but provided they are in a position to deposit ..... should direct a sale of the entire property and a distribution of the sale proceeds amongst the sharers. it is regrettable that section 2 of the partition act is so frequently ignored by executing courts in seeking to give effect to family partition decrees and in trying to fragment land and houses into impracticable impossible and uneconomic segments. i am wholly unable to see ..... immediately half the purchase money for payment to the other sharer if successful. the lower court will, after hearing the parties, fix a suitable upset price as required by section 6 of the partition act ..... . i direct the parties on this petition to bear their own costs. .....

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May 13 1949 (PC)

Kunja Sahu and ors. Vs. Bhagaban Mohanty and ors.

Court : Orissa

Decided on : May-13-1949

Reported in : AIR1951Ori35

..... . vinod sagar v. vishnubhai shankar, a. i. r. (34) 1947 lah. 388-this has been cited to establish that the widow and her interest that has devolved on her under the act still continues under the management of the karta of the joint family until she has exercised her right of partition and from this it is urged that she is under the disability of a coparcener ..... as that of a mitakshara family; but as regards the management of the family property, the karta has the same dominion and the same right of representation as that of a mitakshara family.9. jadadbai v. puranamal, a. i. r. (31) 1944 nag. 243 : (i. l. r. (1944) nag. 832)-this case decides that the devolution of the interest on the widow ..... subject to your approval, that this is not final until you approve.'the plain grammatical meaning of subs. (2), therefore, is that predominantly her interest is that defined in sub-section (3). in construing the extent and nature of the interest, the provision of sub-3. (3) cannot be precluded from consideration. the words 'the same interest as he himself had ..... hindu women's eight to property act she transferred her this interest in favour of defendant 1 by the aforesaid sale-deed. the suit was resisted on the ground that defendant a had the right to alienate and the said alienation is binding on the plaintiffs. there was some dispute as between the parties as to whether the claimed properties were ancestral .....

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Dec 02 1949 (PC)

Subramanian (Minor) and ors. Vs. M.P. Vasudevan Chettiar and ors.

Court : Chennai

Decided on : Dec-02-1949

Reported in : AIR1950Mad488

..... to the award could be added as necessary parties under order 1, rule 10, civil p. c. on a reference made by three brothers, subbaratnam chettiar, vasudevan chettiar and krishnaswami chettiar to two arbitrators regarding the partition of their family properties the arbitrators gave an award. the award was filed by the arbitrators under section 14, arbitration act, in o. p. no. 90 of 1947 ..... that in any event the petitioners are not necessary parties. section 41, arbitration act of 1940 is as follows :'subject to the provisions of this act and of rules made thereunder --(a) the provisions of the code of civil procedure, 1908, v[5] of 1908 shall apply to all proceedings before the court, and to all appeals, under this act, and(b) the court shall have, for ..... competent for the court in case of death of any of the parties to bring his legal representatives on record. but in this case the petitioners are sought to be made as additional parties and not as legal representatives and their representation is not necessary since they are not parties to the reference. the learned counsel relied on the decision in ramsewak ..... singh v. ramprasad : air1948pat215 which was also cited by the lower court where it was held that,' .....

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Dec 05 1949 (PC)

M.S.M.M. Meyyappa Chettiar Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Dec-05-1949

Reported in : AIR1951Mad506; [1950]18ITR586(Mad); (1950)2MLJ353

..... ia that the income-tax officer was not bound to recognise the deed of partition dated 5-4-1940, under section 25a of the act for the following reasons: (1) the partition between the father and his minor sons was so unequal that the father's power under hindu law to effect a partition between himself and his sons could not be said to have been validly exercised ..... been a division of the business there has not been a partition of moveables nor a partition of immovable properties into definite portions in the present case. therefore my answer to the question referred to us is that there has been no parti-tion within the meaning of section 25-a, income-tax act. i agree with my learned brother in the direction for costs ..... put an end to all right of succession by survivorship. it is trite law that the filing of a suit for partition may have this effect though it may take years before the shares of the various parties are determined or partition made by metes and bounds. meanwhile the family property will belong to the members as it does in a dayabhaga family ..... members and whether there has been a severance in status in the case of a partial division must be gathered from the terms of the instrument effecting the partition or the conduct of the parties. in a joint hindu family consisting of a father and his sons, the father has power, irrespective of the consent of his sons, to effect a division .....

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Oct 13 1949 (PC)

Minor Veluchami Pillai by Next Friend, Chellathayee Alias Meenakshi Am ...

Court : Chennai

Decided on : Oct-13-1949

Reported in : AIR1950Mad353

..... as for division of the properties, for a share of profits, etc. if an appeal had been filed on the preliminary decree for partition where the shares of the respective parties have been declared it cannot be said that an appeal against the preliminary decree was one where it was possible to estimate at a ..... besides asking for division, such as for share of profits, accounts, receiver, etc., which otherwise have to be valued independently under the court-fees act if they are not included in asuit for partition. i am therefore of opinion that in any view the appeal against either a preliminary or a final decree, arising out of ..... share in the properties, but, as the plaint was incapable of valuation he paid a court-fee of rs. 100 under article 17b of schedule ii, court-fees act. the preliminary decree for partition was passed and the plaintiff was given a fourth share in the suit properties. a commissioner was appointed for division of ..... not a suit for accounts in which that expression was used in section 7(iv), court-fees act and that the karta's accounting is merely a part of the proceedings in the partition of the estate. a full bench of the lahore high court in diwan chand v. dhani ram, i. l. r. (1941) lah. 234 ..... other parties to equalise the shares and he was also granted a decree for a specific amount in respect of his share of the profits. the plaintiff was not satisfied with this and filed an appeal, a. s. no. 85 of 1947, and paid a fixed court-fee of rs. 100 provided under article .....

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Oct 13 1949 (PC)

Minor Veluchami Pillai by Next Friend Chellathayee Alias Meenakshi Amm ...

Court : Chennai

Decided on : Oct-13-1949

Reported in : (1949)2MLJ782

..... , besides asking for division, such as for share of profits, accounts, receiver, etc., which otherwise have to be valued independently under the court-fees act if they are not included in a suit for partition. i am therefore of opinion that in any view the appeal against either a preliminary or a final decree, arising out of ..... share in the properties, but, as the plaint was incapable of valuation he paid a court-fee of rs. 100 under article 17-b of schedule ii of the court-fees act. the preliminary decree for partition was passed and the plaintiff was given a fourth share in the suit properties. a commissioner was appointed for division ..... appeal is against a preliminary or a final decree is if the appeal arises in a suit for partition the court-fee payable will be the fee provided for under article 17-b of schedule ii of the court-fees act.9. in the result the revision is allowed. the order of the learned district judge is ..... a suit for accounts in which that expression was used in section 7(iv) of the court-fees act and that the karta's accounting is merely a part of the proceedings in the partition of the estate. a full bench of the lahore high court in diwan chand v. dhani ram i.l.r. (1941) lah. 234 ..... the other parties to equalise the shares and he was also granted a decree for a specific amount in respect of his share of the profits. the plaintiff was not satisfied with this and filed an appeal a.s. no. 85 of 1947, and paid a fixed court-fee of rs. 100 provided under article 17 .....

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