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Report No. 86

7.29. Later case law.-

The Calcutta High Court1 has in a fairly recent case expressly laid down that an application under section 4 is maintainable after the passing of the final decree and before the possession of the allotted property is delivered to the stranger transferee in execution of the decree. This view is consistent with the scheme of the section, which aims at the preservation of homogeneity amongst the members of a family with respect to the dwelling house. In this position, no clarification is required on the above point.

1. Satya Narayan Chakravarty v. Vishwanath Paid, (1970) 74 CWN 871.

The Partition Act, 1893 Back

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