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Report No. 86

7.5. Section 4-Constitutional validity of.-

Before we discuss the points that arise on section 4, we may mention that its constitutional validity was challenged in the Madras High Court on the ground that it was "illegal discrimination" to enable the member of the family to buy out the transferee, while denying that right to the transferee.1

The argument did not succeed.

1. Krishna Pillai v. Perukutty Ammal, AIR 1952 Mad 33 (34), para. 6 (Panchapakesa Ayyar, J.).



The Partition Act, 1893 Back




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