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Report No. 86

7.20. Justification for legislation adopting wider approach.-

If due regard be had to the object of section 4, there is justification for a legislative reform adopting the widest approach, rather than the narrowest one. Whatever difficulties may have been felt by some of the High Courts in view of the constraints imposed by the present wording of section 4-a wording which may be ambiguous-when there is an opportunity far review of the law, there is ample justification for amending the section so as to widen it. Such an amendment would not only facilitate peaceful enjoyment amongst co-sharers, but also carry out fully the policy underlying section 44 of the Transfer of Property Act and introduce harmony between that provision and section 4 of the Partition Act. It would also be in conformity with the essential nature of a partition suit.

The Partition Act, 1893 Back

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