Report No. 86
5.9. Fourth view.-
The fourth view, namely, that the power to order sale must be sought within the four corners of the Act, has been stressed in a decision of the Calcutta High Court.1 This case holds that the intention of the Act was to prevent a request for sale being made on insufficient grounds or from improper motives, and to safeguard the rights of the co-sharers in joint properties by conferring on such co-sharers a right of pre-emption and sale limited to the co-sharers themselves.
1. Nritya Gopal v. Pran Krishna, AIR 1952 Cal 893: 57 CWN 439 (G.N. Das and Guha Ray, JJ.)