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Report No. 86

7.33. Later Nagpur case.-

In a later Nagpur case,1 the decree directed by the High Court was, that the defendant (claimant under section 4) depositing the amount in the lower court by a specified date, the plaintiff shall execute a sale-deed of his half share of his property at the cost of the defendant. If such payment is made, the parties will bear the costs of the lower court. If the payment is not made on or before that date, the lower court will pass a preliminary decree for partition of the house and appoint a Commissioner to effect that partition. In that event, the defendant will pay the costs of the plaintiff in the lower court. Thus, here the transferee was directed to execute a sale-deed in favour of the claimant under section 4, instead of the decree itself providing that the clainhant shall become the owner.

1. Kalyan Mal v. Jagdish Prasad, AIR 1953 Nag 130 (132), para. 14 (Mangal Murti & Deo, JJ.).

The Partition Act, 1893 Back

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