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Report No. 86

5.8. Third view-sale with consent.-

The third view, namely, that sale can be ordered outside the Act with the consent of the co-sharers, seems to have been taken in one Calcutta decision.1 But the Calcutta decision was overruled later.2

According to dicta in a Madras case,3 sale by consent of the parties is outside section 2.

1. Narendra v. Janendra, (1952) 90 Cal p 147, referred to in Gadadhar v. Janaki Nath, (1968) 72 CWN 299.

2. Gadadhar v. Janaki Nath, AIR 1969 Cal 59 (63, 65), para. 32.

3. Subbamma v. Veerayya, AIR 1932 Mad 15 (17).



The Partition Act, 1893 Back




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