AIR 1971 MADRAS 174 ::1983 MadLW 685 ::(1971) 1 MadLJ329

Madras High Court

Hon'ble Judge(s): Ismail , J

(A) Hindu Law - Alienation - Alienation by coparcener of his undivided share - Subsequent alienation by alienee of same property to another - Right of alienee's alienee to sue for general partition of family properties - Prayer to allot specific item to the share of alienating coparcener can be granted - Nature of such right of alienee's alienee, explained - Suit instituted by both alienees held maintainable.AIR 1959 Andh Pra 523 (FB), Dissented from. An alienee from an alienee of a Hindu coparcener standing in the shoes of his alienor is entitled to file a suit for general partition and praying for the allotment of the specific item of the property purchased by him to the share of the alienating coparcener, if that were possible, taking into consideration the interests of other coparceners. AIR 1959 Andh Pra 523 (FB), Dissented from;(Para 18) The right of an alienee for general partition has been recognised on equitable considerations and is as effective and efficacious as any other right known to law.(Para 3) This position cannot be different with regard to the right of alienee from the alienee of a coparcener on the ground that the equity is fixed only to the alienee. The right of partition which first alienee is a tangible vested right and also a transferable right. If the right is transferabl....