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Report No. 86

5.19. Sale amongst co-sharers.-

We may now refer to one matter on which the section is silent. Where a plaintiff applies to the Court that a sale may be held, and that who ever among the co-sharers offers the highest bid might be given the house (the house being incapable of partition), and the parties are agreed that no division can be made, the Court can, according to case law,1-3 direct the sale to be held among the plaintiff and the defendants, and the property to be given to the highest bidder above the valuation fixed by the Court. In terms, however, the section does not expressly authorise a sale among co-sharers.4 We propose to consider the problem arising from this position at the appropriate place5 under section 7.

1. Dehendra Nath v. Hari Das, (1911) 7 IC 844, discussed in Mohit Krishna v. Pranab Chandra, AIR 1930 Cal 616.

2. Ram Prasad v. Mukandi, AIR 1929 All 443.

3. Mohit Krishna v. Pranab Chandra, AIR 1930 Cal 616 (619) (S.K. Ghosh, J.).

4. Ram Gopal v. Bhikani, AIR 1964 Raj 229.

5. See para. 8.7, infra.

The Partition Act, 1893 Back

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