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Report No. 86

5.3. Section 2 and inherent power of sale.-

Section 2 of the Act empowers the Court to order the sale of the property in suit in certain cases. The section reads as under:-

"2. Power to Court to order sale instead of division in partition suits.- Whenever in any suit for partition in which, if instituted prior to the commencement of this Act, a decree for partition might have been made, it appears to the Court that, by reason of the nature of the property to which the suit relates, or of the number of the share-holders therein or of any other special circumstance, a division of the property cannot reasonably or conveniently be made and that a sale of the property, and distribution of the proceeds would be more beneficial for all the share-holders, the Court may, if it thinks fit, on the request of any such share-holders interested individually or collectively to the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds."

The section thus requires that the application must be made by persons holding at least a moiety in the property and the other conditions specified in the section must also be satisfied, before sale can be ordered.

The Partition Act, 1893 Back

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