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1931 Supreme(Mad) 83

VENKATASUBBA RAO
Darbhamulla Subbamma – Appellant
Versus
Valivetti Veerayya – Respondent


ORDER

Venkatasubba Rao, J.

1. The Courts below have not paid the slightest attention to the sections of the Partition Act which they profess to apply. Section 3 of that Act has always been a source of trouble, but even that fact cannot excuse the total disregard by the Lower Courts of even the other provisions of the Act.

2. The facts may be briefly stated. The joint family to which these appeals relate consists of six members, the father, the 1st defendant and the sons, defendants 2 to 6. The 2nd defendant conveyed his sixth share in some items to the plaintiff in O.S. No. 267 of 1922 for Rs. 200. He similarly sold his interest in certain other items to the plaintiff in O.S. No. 268 of 1922 for Rs. 800. Each alienee has filed a suit claiming his share in the items alienated. In their written statement, the defendants offered to buy the plaintiffs share at a valuation. In each case, the Lower Courts, purporting to apply the Partition Act, have fixed the price of the plaintiffs interest and directed her to receive the amount in lieu of her share in the items conveyed. The plaintiffs question the correctness of this order.

3. I shall first consider the various sections of the Act before














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