TAHERBHAI ABDULALLI Vs. NAGINDAS GOKULDAS SARAF

JUDGEMENT

(1.) The above first appeal arising in execution proceedings raises an Interesting point under Sections 2 and 3 of the Partition Act, 1893.

(2.) Under the decree for partition, passed in Special Civil Suit No. 277 of 1972, among the respondents, it was found that it was not possible to partition the property; and hence an application was made on Jan. 9, 1976 for sale of the property under Section 2 of the Partition Act, 1893.

(3.) The property is house property bearing No. 541 situated at Raviwar Peth In Pune, On the application made by the plaintiff-decree-holder (Ex. 68), an order was passed on Dec. 4, 1976 to hold the sale by public auction of the suit property under Section 2 of the Partition Act, 1893. The sale was held on March 30. 1977 and the appellant happened to be the highest bidder at the said sale.