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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.)

The Partition Act, 1893 Back

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