BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Lakshmanan – Appellant
Versus
Dhanalakshmi – Respondent
ORDER :
K. MURALI SHANKAR, J.
1. The Civil Revision Petition is directed against the order passed in I.A.No.97 of 2016 in O.S.No.6 of 2000, dated 09.11.2017 on the file of the Subordinate Court, Sankarankovil, allowing the petition filed under Section 3 of the PARTITION ACT .
2. The revision petitioner as plaintiff has filed a suit in O.S.No.6 of 2000 on the file of the Subordinate Court, Sankarankovil, claiming partition and allotment of 7/18 shares in the suit property. After full trial, preliminary decree came to be passed on 25.04.1991. Aggrieved by the preliminary decree, the first defendant has preferred an appeal before this Court in A.S.No.974 of 1991 and the same came to be dismissed vide judgment and decree, dated 13.03.2001. The plaintiff/decree holder has filed an application in I.A.No.403 of 2010 in O.S.No.6 of 2000 (previously O.S.No.75 of 1987 on the file of the Sub Court, Tenkasi) under Section 2 of PARTITION ACT , seeking orders to sell the suit property in Court auction sale and then to permit him to withdraw the amount proportionate to his share out of the sale proceeds and the same was pending.
3. Pending the above application filed under Section 2 of PARTITION
R.Ramamurthi Iyer Raja V. Rajeswara Rao
Mrs.Malati Ramchandra Raut (Mrs) and others vs. Mahadevo Vasudeo Joshi and others
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 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....
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 ....
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 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....
Point of Law : In terms of Section 4, the duty is cast upon Court to determine the valuation of the share of the stranger purchaser.
The court upheld the trial Court's decision to auction property instead of partitioning, citing impracticality based on the Advocate Commissioner's report.
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.
A property not capable of partition due to practical constraints may be sold under the Partition Act, despite objections from co-owners regarding involuntary sale.
Result: Appeal rejected.
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