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Report No. 86

7.14. Three interpretations of section 4(1).-

Thus, three interpretations of section 4(1) seem to be prevailing1-

(i) The section applies only where the transferee is the plaintiff and sues for partition. This is the narrower view.

(ii) The section applies either where the transferee sues for partition, or where a member sues for partition and the transferee makes a claim for allotment of his share. This is the intermediate view.

(iii) The section applies even where the transferee is a defendant, irrespective of whether he applies for allotment of his share or not. This is the wider view.

1. For an analysis of case law, see para. 7.18, infra.

The Partition Act, 1893 Back

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