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Report No. 86

VII. Date of Valuation

7.38. Valuation of share how done.-

When the applicant under section 4 gives an "undertaking"-which means an unconditional offer from which he cannot resile,1-then the Court has to made a valuation of the transferee's share and direct its sale.2 The valuation is ordinarily done through the Commissioner,3-4 but if the matter is simple it can be done by the Court. The important thing is that the decree should have the effect, in law,5-6 of transferring the ownership of the stranger's share to the applicant under section 4.

1. Nias Ahmad v. Bulaqi Chand, ILR 39 All 672: AIR 1917 All 2.

2. Athappa v. Somasundaram, AIR 1944 Mad 428.

3. As to Commissioners, see Order 26, rules 9 and 10, Civil Procedure Code.

4. As to partition see Order 26, rules 13 and 14, Civil Procedure Code.

5. Niranka Sashi v. Swarganath, AIR 1926 Cal 95.

6. As to form of the decree, see supra.

The Partition Act, 1893 Back

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