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Report No. 86

7.3. Principle underlying section 44.-

The principle of section 44, second paragraph, Transfer of Property Act can be deduced from the judgment of Westropp, C.J. in a Bombay case1-

"We deem it a far safe practice and less likely to lead to serious breaches of peace, to leave a purchaser to a suit for partition, than to place him by force in joint possession with the members of a Hindu family, who may be not only of a different caste from his own, but also different in race and religion."

1. Balaji v. Ganesh, 1881 ILR 5 Born 499 (504) (Westropp, C.J.).

The Partition Act, 1893 Back

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