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Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Year: 2016 Page 1 of about 57 results (0.658 seconds)

Jun 16 2016 (HC)

Rajalakshmi Vs. E. Balakrishnan and Others

Court : Chennai Madurai

Decided on : Jun-16-2016

..... each plaintiff / respondent 1 and 2 are entitled to 1/5 share. so the only point to be considered is whether the appellant is entitled to get preemptive right without filing an application under sections 2 and 3 of partition act, 1893. it is appropriate to incorporate sections 2 and 3 of partition act, which reads as follows:- section 2. power to court to order sale instead of division in ..... . 8. on the basis of the rival contentions, the following points raised before me, for consideration:- 1. whether the appellant /second defendant is entitled to filed an application under sections 2 and 3 of partition act, 1893, to claim preemptive right in the second item of the suit property? 2. whether the findings given by the trial court in additional issue is sustainable? 3. to ..... filing of written statement is not sufficient and only during the final decree proceedings, if the property is incapable of division, she ought to have filed an application under sections 2 and 3 of partition act, 1893. hence, the findings of the trial court does not warrant any interference and hence, prayed for dismissal of the appeal suit. 7. i have heard the learned ..... . procedure when sharer undertakes to buy. (1) if, in any case in which the court is requested under the last foregoing section to direct a sale, any other shareholder applies for leave to buy at a valuation the share or shares of the party or parties asking for a sale, the court shall order a valuation of the share or shares in such manner .....

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Feb 23 2016 (HC)

Yunus C.M., Vs. C.M. Aboobacker and Others

Court : Kerala

Decided on : Feb-23-2016

..... property, and especially when he is occupying the building therein as his residence, equity demands the principle of owelty to come into play under section 3 of the partition act, 1893. obviously, the learned judge took the view that section 3 of the partition act was applicable to the facts of the case, for which reliance was placed on the decision of the supreme court in badri narain ..... prasad choudhary v. nil ratan sarkar (air 1978 sc 845). a direction was issued to the trial court to ascertain the market value of the ..... order sale in public auction. 13. in antony's case (supra) the learned judge has observed: a sale among the sharers can be ordered by the court so that third parties will not outbid the sharers and acquire the property. an auction in a closed circle, namely, among the sharers, may appear to the court to be the most ideal solution ..... or shares at the price so ascertained, the applicant or applicants shall be liable to pay all costs of or incident to the application or applications. 6. in manapurath abdulla v. assiya and others (2014 (3) khc 146 = 2014 (3) klt 466) a learned single judge of this court considered a similar question. the extent of the land in that case .....

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Jun 30 2016 (HC)

Nandkumar Vs. Girish and Others

Court : Mumbai Aurangabad

Decided on : Jun-30-2016

..... ) all mr 918 [s.c.] [gyan chand and anr. v. sumant rani and ors.]. in this case, the apex court has laid down that if stranger purchaser seeks actual division and possession either in a suit or in execution proceeding, co-sharer can exercise right of pre-emption given under section 4 of partition act, 1893. 18. there cannot be dispute over the proposition made by ..... used in the present matter. however, following circumstances are against the defendant no. 1. (i) there is record to show that partition had taken place amongst the brothers of defendant no. 1 and defendant no. 1 was party to the partition and it had taken place prior to 1989. (ii) all the sisters had relinquished their right in the property in favour of ..... and steps were taken to see that separate portions were entered in the names of parties. defendant no. 1 himself had taken such step by giving application in city survey office and he had requested to enter specific portion in his name as owner under the so called partition. 19. submission was made by the learned counsel for plaintiff that the property cannot ..... contended that the suit is not tenable as five sisters are not joined as defendants and three brothers who have allegedly sold their shares and mother are not joined as parties to the suit. 7. defendant no. 1 contended that he has filed regular civil suit no. 632/1983 for getting the possession of shop premises from defendant no. 1 and .....

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Apr 21 2016 (HC)

R. Jagadish Naik Vs. Gowramma since deceased by LRs and Others

Court : Karnataka

Decided on : Apr-21-2016

..... and not full auction sale price is to be construed as substantial compliance of provisions of order 21 rule 84 to 86 cpc or section 7 of partition act, 1893 since the entire amount has not been deposited by auction purchaser, court below was fully justified in arriving at a conclusion that provisions ..... a), 1(b) to 1(f) and 2nd petitioner without considering the fact that property which has been sold was under partition act, 1893 which enables the court to follow the mandate prescribed under code of civil procedure to the extent practicable and in the instant case though 25% of sale amount or the auction ..... it was not feasible to divide the properties and allot shares among the sharers. suit schedule property was subjected to public auction by consent of parties and court sale was conducted on 30.07.2012. writ petitioner herein was the successful bidder namely he had offered highest bid which was for ..... . 66,00,000/- was offered by writ petitioner which was highest. auction sale proceedings was concluded on 30.07.2012 by executing court at 5.05 p.m. undisputedly auction purchaser did not deposit any amount on that day. however, executing court itself permitted the auction purchaser to deposit 25 ..... amount deposited by the auction purchaser. hence, it is contended that order passed by trial court is erroneous and liable to be set aside 5. having heard the learned counsel appearing for petitioner and on perusal of the records it would clearly indicate that auction of the property in question .....

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Sep 22 2016 (HC)

Aysha and Another Zareena Mohammed and Others

Court : Karnataka

Decided on : Sep-22-2016

..... they had agreed to purchase at that stage. second respondent filed an objection stating that value fixed for item no.5 is on the higher side. 5. first respondent filed the instant i.a.6 under section 3 of the partition act, 1893 ( act for short) read with section 151 cpc and prayed that a schedule properties be sold by public auction either in one lot or separately for ..... at this stage is not maintainable. 2. that the commissioner can use other mode for dividing the suit schedule properties on the basis of the market value agreed by the parties and only in such case where some item of the suit schedule properties cannot be divided, the commissioner can suggest for the auction. 3. it is therefore prayed that the ..... 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 ..... share to each of the parties and could not direct a sale or .....

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Sep 22 2016 (HC)

Mrs Aysha Vs. Mrs Zareena Mohammed

Court : Karnataka

Decided on : Sep-22-2016

..... value of property which they had agreed to purchase at that stage. second respondent filed an 5 objection stating that value fixed for item no.5 is on the higher side.5. first respondent filed the instant i.a.6 under section 3 of the partition act, 1893 ( act for short) read with section 151 cpc and prayed that a schedule properties be sold by public auction either in one ..... at this stage is not maintainable.2. that the commissioner can use other mode for dividing the suit schedule properties on the basis of the market value agreed by the parties and only in such case where some item of the suit schedule properties cannot be divided, the commissioner can suggest for the auction. it is therefore prayed that the application ..... 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 ..... share to each of the parties and could not direct a sale or .....

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Feb 26 2016 (HC)

Kedar Nath Sen Vs. Smt. Sulekha Sen and Ors.

Court : Kolkata

Decided on : Feb-26-2016

..... court in ramamurthi v.v.rajeswararao reported at air1973sc643considered sections 2 and 3 of the partition act and in paragraph 8 of the judgment made the following observation:- "..................it would appeal from the objects and reasons for the enactment of the partition act that as the las stood the court was bound to give a share to each of the parties and could not ..... the report. the advocate commissioner was appointed for dividing the suit property by metes and bounds in accordance with the shares declared under the preliminary decree. the plaintiff has accepted the report filed by the commissioner of partition. the defendants, however, raised objection with regard to the acceptance of the said report. the defendant nos.1,2 and 3 ..... through the said 2nd staircase allotted to it. the 2nd staircase therefore has to be further erected to make the same upto the ultimate roof of lot b which under the existing set up and the prevailing municipal law is impermissible. f) the engineer/valuer has also not taken into consideration the construction cost for such staircase and ..... suffocating and insufficient natural light. the construction is such that there is inadequate ventilation and cannot be occupied without making major structural addition and alteration which is neither permissible under the municipal law nor practicably possible in view of the existing condition of the structure. moreover, if permissible or possible the structural addition and alteration would require huge .....

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Dec 19 2016 (HC)

Vijay Sawhney vs.mrilani Chopra & Ors.

Court : Delhi

Decided on : Dec-19-2016

..... officer invalid.24. at this stage, it would be useful to notice the relevant provisions of the up consolidation of holdings act. section 4 of the consolidation act enables issuance of notification for bringing specific village land in the district under consolidation operations. section 5 (2) (a) provides that every proceeding for correction of records in every suit and proceeding in respect of declaration of rights ..... as he may deem necessary, settle the disputes, correct the mistakes and effect partition as far as may be by conciliation between the parties appearing before him and pass orders on the basis of conciliation. (2) ....... (3) the assistant consolidation officer, while acting under sub- section (1) and the consolidation officer, while acting under sub- section (2), shall be deemed to be a court of competent jurisdiction, anything ..... to mrs. damayanti sawhney and the consolidation order was obtained without considering relevant evidence, it was a nullity and therefore, unenforceable. learned counsel relied on the decision in karbalai begum v mohammed sayeed air1981sc77as well as suba singh vs mahendra singh air1974sc1657to say that the jurisdiction and authority of a civil court is never ousted, in respect of matters of title .....

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Dec 19 2016 (HC)

Cdr. Ajay K. Sawhney vs.g.b. Pant University of Agriculture and Techno ...

Court : Delhi

Decided on : Dec-19-2016

..... officer invalid.24. at this stage, it would be useful to notice the relevant provisions of the up consolidation of holdings act. section 4 of the consolidation act enables issuance of notification for bringing specific village land in the district under consolidation operations. section 5 (2) (a) provides that every proceeding for correction of records in every suit and proceeding in respect of declaration of rights ..... as he may deem necessary, settle the disputes, correct the mistakes and effect partition as far as may be by conciliation between the parties appearing before him and pass orders on the basis of conciliation. (2) ....... (3) the assistant consolidation officer, while acting under sub- section (1) and the consolidation officer, while acting under sub- section (2), shall be deemed to be a court of competent jurisdiction, anything ..... to mrs. damayanti sawhney and the consolidation order was obtained without considering relevant evidence, it was a nullity and therefore, unenforceable. learned counsel relied on the decision in karbalai begum v mohammed sayeed air1981sc77as well as suba singh vs mahendra singh air1974sc1657to say that the jurisdiction and authority of a civil court is never ousted, in respect of matters of title .....

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Jan 06 2016 (HC)

Eknath Daval Thete (since deceased) through his legal heirs Vs. Ganpat ...

Court : Mumbai

Decided on : Jan-06-2016

..... no.1 in favour of the defendant no.2 was less than the standard area notified by the state government by the notification under section 5 of the said fragmentation act. 27. it is submitted that the said finding of facts rendered by the learned trial judge was based on the admitted documents ..... in the suit lands and contended that both were cultivating their respective lands separately since 12 years. he denied that the suit lands were never partitioned. he also denied that he had sold his share to the defendant no.2 without knowledge of the plaintiff. he contended that he had ..... the learned trial judge. the learned trial judge also did not frame any issue of limitation though framed various other issues. none of the parties led any oral evidence on the issue of limitation. learned trial judge accordingly did not decide as to whether the claims made by the respondent ..... counsel appearing for the appellant herein (defendant no.2) invited my attention to the order passed by the two courts below, correspondence exchanged between the parties which were forming part of the record and some part of the pleadings. it is submitted by the learned counsel that the learned trial judge had ..... division, pimpalgaon-baswant, district-nashik allowing the suit filed by the respondent no.1 herein (original plaintiff). for the sake of convenience, the parties to these proceedings are described in the later part of the judgment as they were described before the trial court. some of the relevant facts for .....

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