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Report No. 86

7.4. Section 4 analogous to section 44, Transfer of Property Act.-

Section 4 of the Partition Act is also based on the same principle that forms the justification for section 44, Transfer of Property Act. As the two provisions are supplementary to each other, most Courts have tried to ensure that they are construed in harmony with each other.1 However, the extent to which, in order to achieve this harmony, section 4 can be given a wide interpretation has become the subject-matter of controversy, to which we shall revert later.5

1. Cf. Buto Krishna v. Akhoy Kumar, AIR 1950 Cal 111 (113), para. 11 (R.P. Mookerjee and P.N. Mitra, JJ.).

2. See paras. 7.12 to 7.33, infra.



The Partition Act, 1893 Back




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