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Report No. 86

Chapter 4

English Law

4.1. Evolution of English law.-

Evolution of the English law relating to partition is interesting. It was partly in the background of the position as to remedies in partition suits as understood in common law that Indian legislative proposals were formulated. The English law seems to have evolved through the following broad stages

(i) partition (physical) the only remedy available;

(ii) compensation made available, in addition to the above remedy;

(iii) sale made permissible, in addition to the above remedies;

(iv) sale not only made available, but also made compulsory, in case of disagreement between the co-owners.

The Partition Act, 1893 Back

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