Munidasa & Others v. Nandasena – sllr 2001 volume 2 page 224

In the case between Substituted-Plaintiff (entitled to Lots 1 and 2 through partition decree and fiscal sale) and Defendant-Petitioners (challenging the auction sale and the District Judge’s order for delivery of possession), the court addressed whether a party allotted a lot in a partition action may invoke Section 325 of the Civil Procedure Code instead of the mandatory provisions of the Partition Act for the delivery of possession. It was held that the Partition Act prescribes an exclusive and mandatory process for obtaining possession following a partition decree, and parties must adhere strictly to this statutory scheme. This determination rested on an analysis of Sections 52, 53, 77, and 79 of the Partition Act, relevant provisions of the Civil Procedure Code, and applicable preceden