RAJ KISHORE PRASAD, V.RAMASWAMI
Aley Hassan – Appellant
Versus
Toorab Hussain – Respondent
1. The question which is involved in this appeal relates to the interpretation of Sec. 4 of the Partition Act (Act IV of 1893) which states as follows:
"4, (1) Where a share of dwelling-house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a share-holder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such share-holder, and may give all necessary and proper directions in that behalf.
(3) If in any case described in Sub-section (1) two or more members of the family being such shareholders sererally undertake to buy such share, the Court shall follow the procedure prescribed by Sub-section (2) of the last foregoing section."
2. It appears that the suit land was purchased by the two sisters, Musammat Ahmadi (defendant No. 1) and Musammat Akbari (defendant No. 2), who constructed the house of which the plaintiff sought partition of 8 annas share. It appears that both the sisters practised the profession of dancing and singing at firs
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