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V. LAKSHMINARAYANAN
Fathima bee alias Mumtaz – Appellant
Versus
A. Khairunnissa – Respondent
ORDER :
V.Lakshminarayanan, J.
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against fair and decreetal order dated 11.03.2024 passed in I.A.No.3 of 2023 in I.A.No.5746 of 2018 in I.A.No.14131 of 2016 in O.S.No.2371 of 2010 on the file of the XIII Assistant City Civil Court, Chennai District.
This Civil Revision Petition arises against the order of the XIII Assistant Judge, City Civil Court, Chennai in I.A.No.3 of 2023 in I.A.No.5746 of 2018 in I.A.No.14131 of 2016 in O.S.No.2371 of 2010 dated 11.03.2024.
Facts leading to Revision
2. O.S.No.2371 of 2010 was filed by the 1st respondent – A.Khairunnissa. This is a suit for partition and separate possession. The claim of the plaintiff is that the suit schedule mentioned property belonged to one, P.E.Abdul Ahad, who died intestate on 11.06.2008. He left behind the following as his legal heirs to succeed to his estate.:-
(ii) Fathima Bee @ Mumtaz, the 3rd defendant-the sister of the plaintiff: and
(iii)A.Khairunnissa, the plaintiff.
Pleading that she is entitled to 7/16th share and the 2nd defendant is entitled to 7/16th share and
The court emphasized the necessity of adhering to the Partition Act's provisions, particularly regarding the right of pre-emption and the process for property sales, allowing the second defendant to ....
The court ruled that under the Partition Act, a co-sharer can apply to purchase shares at valuation even after a sale order, emphasizing the court's duty to fix the upset price and uphold constitutio....
A plaintiff invoking Section 2 of the Partition Act cannot later seek relief under Section 3; only other shareholders can do so, emphasizing strict procedural adherence.
The court emphasized the need to consider objections, fix reserved price, and follow the principles of the Partition Act and previous court orders in auctioning the property.
The court affirmed that under the Partition Act, when division by metes and bounds is impractical, public auction of shared property is permissible, with priority given to co-sharers only if they exp....
The court established that under the Partition Act, a court may direct the sale of property instead of division when it is determined that division is not feasible or would not be beneficial to the s....
Power To Sell Share - Under Section 3(1) of Act, court has power to sell share or shares to shareholder who offers highest price above valuation made by court.
The court affirmed that final decree proceedings under the Partition Act must adhere to clear judicial directives and allowed parties the right to participate in property auction sales as mandated by....
The Court held that the objections raised by Defendant No.1 were not tenable and allowed the revision petition in favor of the Plaintiff and Defendant Nos. 2, 3 & 4. The Court found that the objectio....
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