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Report No. 86

II. Compensation

No power of sale.- Before the Partition Act, 1868, Courts of Common Law could not award compensation, but could direct only a mere partition or allotment of lands and other real properties between the parties, according to their respective shares, having regard to the value of the properties.1 The Courts of Equity could, however, with a view to a more convenient and just partition, order payment of compensation to one of the parties for "owelty" or equality of partition, so as to prevent any injustice or avoidable inequality.

1. Gadadhar Ghose v. Janaki Nath Ghosh, AIR 1969 Cal 59, referring to Story Equity Jurisdiction, 3rd Edn., Article 654.

The Partition Act, 1893 Back

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