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Report No. 86

2.3. History of provision conferring power of sale.-

Regarding the clause of the Bill corresponding to section 4, the Statement of Objects and Reasons further observed1-

"It is also proposed in the Bill to give the Court the power of compelling a stranger who has acquired by purchase a share in a family dwelling house when he seeks for a partition to sell his share to the members of the family who are the owners of the rest of the house at a valuation to be determined by the Court. This provision is only an extension of the privilege given to such share-holders by section 44, paragraph 2 of the Transfer of Property Act, and is an application of the well known rule which obtains among Mohammedans everywhere and by custom also among Hindus in some parts of the country. The other sections of the Bill only deal with matters of procedure and do not call for any detailed notice."

1. Gazette of India, 1892, Part V, p. 46.

The Partition Act, 1893 Back

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