Partition suit / civil law/ joint ownership prop.
soniya
(Querist) 23 January 2013
This query is : Resolved
Dear Respected Members of the Club,
I have a query that In a partitioned suit holding by father and son (commercial premises), Father wants commercial premises to be either sold to the outsider for which there is ready buyer or the defendant (son) purchase it himself. (but the son is not interested). The premises is not required by both parties as the same is given on Leave and License Basis.
Father is a Sr. Citizen and suffering from Cancer, he needs money for his personal expenses, and at the time of disposing of suit the court is expressing helplessness to ass a decree compelling the defendant (son) to sell his share or purchase the plaintiff's (father) share.
The premises can not be partitioned due to various constraints resulting in diminishing the value of the suit premises.
Kindly help me with your appropriate guidance and provide me any case law on such issue or direction by any of for etc. or Court is intervening with powers under 151 of CPC.
Thanks and regards.
Adv. Soniya.
Raj Kumar Makkad
(Expert) 23 January 2013
Court can do nothing in the given case as there is no law to force a lawful onwer to sale his property or purchase of some other one.
Partition is the only remedy may it reduce the value of the property.
prabhakar singh
(Expert) 23 January 2013
Yes! A court does not have power to force a party to buy other's party share or to sale his share especially when property is commercial one.It can simply grant the partition decree,it has nothing to think about decrees in value or utility.
