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Report No. 86

7.34. Madras case.-

In a Madras case,1 a decree passed in favour of one of the parties in an earlier suit in respect of a claim under section 4 came up for consideration. The High Court noted the observations made in the earlier Allahabad case2 to the effect that perhaps the Legislature did not intend a cumbersome procedure etc. and observed that it would be very hard to force the transferee to give up the property which he had purchased, and, in return, to give him nothing but a right to bring a fresh suit against the claimant under section 4.

1. Subramanya v. Sheik Ghannu, AIR 1935 Mad 628 (630) (Walah, J.).

2. Nins Ahmad v. Magi Chand, ILR 30 All 672: AIR 1917 All 2.

The Partition Act, 1893 Back

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