Supreme Court · 1972 INSC 179 · Decided 22 August 1972
R. Ramamurthi Iyer v. Raja V. Rajeswara Rao
- Court
- Supreme Court of India
- Citation
- 1972 INSC 179 · [1973] 1 S.C.R. 904
- Case number
- CIVIL APPEAL No. 871/1971
- Decided
- 22 August 1972
- Bench
- A.N. GROVER, D.G. PALEKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 23
Headnote
B Partition Act •· 2 &: 3-Code of Civil Procedure O. 23 R. 1-Plain­ tiO In suit for partition applying to court for sale o/property-De/endant 11greelng 1to buy at valu«tion ·made under direction of Cow·t-P/alntiD whither can withdraw suit and have liberty to under 1. 2 of the l>artltion Act that as one of the properties namely, a cinema house with its appurten- C anc:ca, was incapable of division by metes and bounds, the same be aold and the proceeds divided between tbe parties. The defendant contend- ed that it was possible to divide the
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