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Ramzan Baksh and anr. Vs. NizamuddIn and ors.

Court : Allahabad

Subject : FamilyProperty

Acts : Partition Act, 1893 - Sections 4 and 4(1)

Reported in : AIR1956All687

arises for partition of the entire property. They claimed that they were entitled under Section 4 of the Partition Act, 1893, to include in the property the subject of the suit the share of the first appellant upon payment … partition of the entire property. They claimed that they were entitled under Section 4 of the Partition Act, 1893, to include in the property the subject of the suit the share of the first appellant upon payment

Badri NaraIn Prasad Choudhary and ors. Vs. Nil Ratan Sarkar

Court : Supreme Court of India

Subject : Property

Acts : Partition Act, 1893 - Sections 2, 3(1) and 3(2)

Reported in : AIR1978SC845; 1978(26)BLJR229; (1978)3SCC30; [1978]3SCR467; 1978(10)LC281(SC)

could not be conveniently partitioned and therefore, it was necessary to have recourse to Section 3(2) of the Partition Act, 1893. He fixed the valuation of the suit premises at Rs. 11,250/- and directed 'that the suit premises being … 1. This appeal by special leave, is directed against a judgment, dated March 20, 1967, of the High Court

Smt. Rukmani W/O Late Ethiraj, Vs. V. Uday Kumar S/O Late B. Venkatesa ...

Court : Karnataka

Subject : Property

Acts : Partition Act, 1893 - Sections 2 and 3; Code of Civil Procedure (CPC) - Sections 1, 54, 151 - Order 6, Rules 1 to 18 - Order 7, Rule 1 - Order 8 - Order 20, Rule 18 - Order 20, Rule 18(1) - Order 26, Rules 13 and 14 - Order 21

Reported in : ILR2008KAR13; 2008(3)KarLJ129; 2007(4)KCCR2566; 2007(6)AIRKarR228; AIR2008NOC69; 2008(2)ICC482(DB)

of the schedule property is beneficial for all the share holders. He further contend that the provisions of Partition Act 1893 are not applicable to the facts of this case. It was his further contention that the Trial Court … the sale of schedule property.7. When the matter stood at that stage the plaintiffs filed an application under Section 2 of the Partition Act on 1.4.2006 for sale of schedule property in a public auction and to

Rajalakshmi Vs. E. Balakrishnan and Others

Court : Chennai Madurai

Subject : Education

Suit property and she is a major share holder and therefore, as per Sections 2 and 3 of Partition Act, 1893, she is entitled to, preemptive right. Adding further, the learned counsel would submit that mere filing of written … 2010, on the file of District and Sessions Court, Kanyakumari at Nagercoil.) 1. The appellant / second defendant has come forward with this Appeal Suit, … (Prayer: Appeal is filed under Section 96 Cr.P.C., r/w. O.41 R1and2 CPC., praying to set aside the Judgement and decree dated 06.08.2012 made in

Rani Aloka Dudhoria and ors. Vs. Goutam Dudhoria and ors.

Court : Supreme Court of India

Subject : Property

Acts : Partition Act, 1893 - Sections 2, 3, 3(2), 6 and 6(1); Limitation Act, 1963 - Sections 12; Code of Civil Procedure (CPC) - Order 21, Rule 72A and 72A(2) - Order 26, Rule 18; Original Side Rules - Rules 6 and 13; Constitution of India - Article 142

Reported in : AIR2010SC53; 2009(57)BLJR1293; JT2009(3)SC616; 2009(3)SCALE865; 2009(3)LC1193(SC):2009AIRSCW5572:2009(2)LHSC1095

for our consideration is as to whether the said purported auction was held de'hors the provisions of the Partition Act, 1893 or in accordance therewith. Indisputably the property situated at Netaji Subhas Road, Calcutta, is a double storeyed building … suggestion to the court by any side that since the property is indivisible for the reasons stated in Section 2 of the Partition Act, there needs to be a public sale. The sale took place only as … :Azimganj Raj Estate belonged to Raja Bejoy Singh Dudhoria. He died in 1933. He was survived by two sons namely Kumar Chandra Singh Dudhoria (KCSD)

Shri Allamaprabhu S/O Murigeppa Ghatnatti Vs. Baburao S/O Murigeppa Gh ...

Court : Karnataka

Subject : Property

Acts : Partition Act, 1893 - Sections 2, 3 and 3(1)

Reported in : AIR2009Kant48; 2008(6)KarLJ169; ILR2008(3)Kar3775; 2008(6)KLJ169; 2008(4)KCCRSN277(DB)

plaintiff that, the trial Court has not appreciated the right of the plaintiff under Section 3 of the Partition Act, 1893, is concerned, it is necessary to extract Section 2 and Section 3 of the said Act.2. Power of … seeking a Judgment and Decree against the defendant/respondents for declaring Sale Deeds dt.12.2.2001, executed by the defendant No. 1 in favour of defendant No. 2, as illegal, null and void in respect of suit properties and an

Vinnapala Veera Venkata Satyanarayana Rao and ors. Vs. Addanki Narayan ...

Court : Andhra Pradesh

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 3(3), 4 and 23; Partition Act, 1893 - Sections 4; Hindu Womens' Right to Property Act, 1937; Code of Civil Procedure (CPC) , 1908 - Sections 47 - Order 1, Rule 10 - Order 21

Reported in : AIR2007AP213

appellants are entitled to put forth the plea that they are entitled to invoke the provisions of the Partition Act 1893 in the facts and circumstances of the case?7. If so, to what relief the parties would be entitled … ORDERP.S. Narayana, J.1. The defendants in O.S. No. 1 of 1989 on the file of the Subordinate Judge, Pithapuram, being aggrieved … the successful bidder and also became a Court auction-purchaser. The learned coun- sel also had pointed out to Section 23 of the Hindu Succession Act, 1956, and would further contend that in the present case, the question

Ram Bilas Tewari Vs. Smt. Shiv Rani and ors.

Court : Allahabad

Subject : FamilyProperty

Acts : Transfer of Property Act, 1882 - Sections 44; Partition Act, 1893 - Sections 4(1)

Reported in : AIR1977All437

that neither the provisions of Section 44, Transfer of Property Act, nor those of Section 4 of the Partition Act, 1893 bar the relief for partition. Section 44 of the Transfer of Property Act reads as under:--'44. Where one … him on 29-4-1941 in favour of Smt. Mahdei daughter of Ram Bali. Smt. Mahdei died in the year 1957 after the enforcement of Hindu Succession Act. The house thereupon devolved on her mother Smt. Mangla, who too

V. Munusamy (Deceased) and ors. Vs. M. Suguna

Court : Chennai

Subject : PropertyFamily

Acts : Partition Act, 1893 - Sections 4(1); Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 23

Reported in : 2005(1)CTC107

of the first defendant, the other sharer, namely, first defendant filed a petition under Section 4(1) of the Partition Act, 1893 (in short 'the Act'). The said provision reads as under:'Section 4, Partition suit by transferee of share in

Shanti Prasad and ors. Vs. Banke Lal and anr.

Court : Allahabad

Subject : Property

Reported in : (1913)ILR35All387

among the cosharers. The present appeal has been preferred against this order and it is contended that the Partition Act (No. IV of 1893) does not apply to a case like this, inasmuch as the property in question … case like this, inasmuch as the property in question is property paying revenue to Government. Clause (4) of Section 1 of the Act is referred to in support of this contention. That clause provides that nothing contained in