Partition Act : Power to Court to order sale instead of division in partitionsuits Indian Bare Acts :

Partition Act,1893

Act No : 4

Section : Power to Court to order sale instead of division in partitionsuits

2. Power to Court to order sale instead of division in partitionsuits.-Whenever in any suit for partition in which, if institutedprior to the commencement of this Act, a decree for partition mighthave been made, it appears to the Court that, by reason of the natureof the property to which the suit relates, or of the number of theshareholders therein, or of any other special circumstance, adivision of the property cannot reasonably or conveniently be made,and that a sale of the property and distribution of the proceeds wouldbe more beneficial for all the shareholders, the Court may, if itthinks fit, on the request of any of such shareholders interestedindividually or collectively to the extent of one moiety or upwards,direct a sale of the property and a distribution of the proceeds.