SHAIKHUSSAIN Vs. KARIMUNNISA

JUDGEMENT

(1.) The present revision petition is filed aggrieved by the order dated 31-3-1982 in I.A.No.193/92 in I.A.No.508/91 in O.S.No.203/86 on the file of the Principal District Munsif Nandyal, appointing an advocate-commissioner to sell the suit schedule property and deposit the sale proceeds in the court after following the necessary procedure.

(2.) Sri Sundararajan, learned counsel for the petitioner, states that the Court below ought to have followed the procedure contemplated under Section 3 of the Partition Act, 1893, that due to non-compliance with the procedure, the petitioner-defendant was denied of a legal right to have the property purchased and that had the Court below offered him, the petitioner could have purchased the property.

(3.) For the purpose of resolving the controversy, section 2 of the Partition Act, 1893, which is relevant, is extracted ;