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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.

The Partition Act, 1893 Back

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