JUDGMENT :

Based on a preliminary decree for partition into seven equal shares by metes and bounds, a final decree was passed granting an “owelty” of Rs.27 lakhs to the mother out of her due share over 6.5 Acres of land, which is under challenge.

2. It appears that the trial court has committed a grave mistake while ordering “owelty” of Rs.27 lakhs towards the share of mother instead of dividing the property of 6.5 Acres of land into seven equal shares and thereby taken away the very concept of “principle of owelty” and the requirement to be complied with under Sections 2 and 3 of The Partition Act, 1893.

3. It is not legally permissible to substitute money in the place of landed property while effecting partition by metes and bounds, except by way of “owelty” or moiety. The expression “owelty” stands for compensation to be given so as to adjust inequality of shares in a partition when allotment of equal shares found to be not workable, practicable or possible. Some times, while effecting partition, it will not be possible to divide the property by metes and bounds. A division of property must be effected without causing destruction to the intrinsic value of the property and it should