S P AROCKIADASS Vs. S P RAJAN

JUDGEMENT

(1.) 1. (PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India as against the order dated 20.02.2007 in I.A.No,8138 of 2006 in O.S.No,5165 of 2001, passed by the XVII Assistant Judge, City Civil Court, Chennai, in dismissing the application filed by the petitioner/defendant under Sections 2 and 3 of the Partition Act.) The petitioner/defendant has projected this Civil Revision Petition as against the order dated 20.02.2007 in I.A.No,8138 of 2006 in O.S.No,5165 of 2001 passed by the XVII Assistant Judge, City Civil Court, Chennai, in dismissing the application filed by the petitioner/defendant under Sections 2 and 3 of the Partition Act.

(2.) THE trial Court, while passing orders in I.A.No,8138 of 2006, dated 20.02.2007, has interalia opined that 'the averments in the petition are not to be accepted presently, based on the present circumstance and also the amount is not in accordance with the market value in regard to the suit property and resultantly dismissed the application'.

(3.) IN fact, recourse to Section 2 of Partition Act can be resorted to only when a sale has been applied for by the shareholder or shareholders to the extent of one moiety of the property or more. Section 3(2) of the Partition Act directing that the entire property might be put in auction applies only where more than one co-sharer other than a person who has asked for sale under Section 2 desire to buy the share of the party who has asked for sale.