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Report No. 86

2.10. Decision as to equalisation.-

As a few of the comments revealed opposition to some of the proposals in the Bill, it was considered that the power to equalise the shares1 was sufficient to meet all ordinary cases except family houses. The suggestion of the Calcutta High Court2 (regarding purchase of a share by a stranger) was also accepted. This was the tentative decision of the Government of India.

1. This power was discussed in Ashanullah v. Kali Kinkur, 1884 ILR 10 Cal 675 (676).

2. Para. 2.7, supra.



The Partition Act, 1893 Back




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