YUNUS C.M. Vs. C.M. ABOOBACKER AND ORS.

JUDGEMENT

(1.) In a suit for partition what is the procedure to be followed when the court finds that division of the property by metes and bounds cannot be conveniently or reasonably made?

(2.) The petitioner is the 1st defendant, respondents 1 and 2 the plaintiffs and the other respondents defendants 2 to 7 in the suit from which this Original Petition arises. The suit is for partition of 2.3 acres of land with a house thereon. A preliminary decree was passed directing its partition. The petitioner and respondents 3 and 4 are entitled to 1/6 share each. Respondents 1 and 2 together are entitled to 2/6 shares and respondents 5 to 8 together are entitled to 1/6 share. The commissioner appointed by the court in the final decree proceedings reported that partition of the property by metes and bounds cannot be conveniently made as its extent is too small. The learned Munsiff ordered sale of the property under the provisions of the Partition Act of 1893. Thereafter the petitioner filed an application to permit him to purchase the share of the other co -owners. No orders have been passed on it. In this O.P he prays for issuance of certain directions to the court below.

(3.) Heard the learned counsel for the petitioner.