Report No. 86
5.12. Concrete situations.-
Let us take a few concrete situations. A situation outside section 2 would arise
(i) where the parties sue for partition, but do not apply for sale, through lethargy;
(ii) where the parties sue for partition, but request that the sale should be held only among the co-sharers;1
(iii) where the court is convinced that the property cannot be conveniently or equitably partitioned, but the parties create a deadlock by not applying for sale, thus retarding the very process of partition;2
(iv) where some of the parties desire a sale, but their number does not make up the requisite moiety. In all these situations, hardship results if a narrow view is taken.
1. Cf. Ram Prasad v. Mukandi, AIR 1929 All 443.
2. Cf. Ramaprasada Rao v. Subbaramaiah, AIR 1958 AP 647 (651), para. 22.
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