The Court made the following

Order.-

Section 4 of the Partition Act, IV of 1893, is very clear that when the transferee of a share of a dwelling house belonging to an undivided family who is not a member of that family, sues for partition, the Court is bound to value that share, and to have it conveyed to any member of the family, who is prepared to buy out the transferee. In the present case, the agrument on behalf of the transferee, who has instituted this revision proceeding, is that the Commissioner who made a report in March, 1964, has specifically stated that the two-third share purchased by the transferee can be easily severed and enjoyed as a separate share without disturbing the enjoyment of the one-third share by the other coparcener or coparceners. In other words, certain features of this dwelling house render it practicable that the two-third share may be thus separately enjoyed, by the member of the family to whom it is allotted at the partition, or even by a transferee.

But this argument does not really help the revision petitioner. The manifest intention of section 4 (1) of Act IV of 1893 is that where a transferee sues for partition in respect of an undivided share in

Click Here to Read the rest of this document