Laws on Partition Suits

- Md Mukhlasur Rahman


book_law_on_partition_suits

Suit for partition is the best form of suit to settle the disputes vis-à-vis joint properties amongst the co-shares. Consequently, suit for partition is called the mother of suit of all class. It is the ultimate remedy for all evils resulting from co-ownership. In partition suits, a co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is proved, he will be entitled to get the land partitioned through court and definitely a co-sharer in possession of excess land than his share is bound to part with the same.

The book “Laws on Partition Suits” published on October 2013, is a fruitful book of laws relating to joint properties, suits for partition and the Partition Act 1893. The writer of the book is Md. Mukhlasur Rahman. He Joined in Bangladesh Judicial Service as an Assistant Judge on 22.05.2008 and at present he is serving as a Senior Judicial Magistrate.

It is pertinent to mention that there is no specific statutory authority or codified law respecting partition of joint properties or partition suits.  In the absence of statutory laws, the Judges of the higher courts of this sub-continent have done a good deal with this branch of law and thereby strong, standard and a regular practice of laws has been settled now. The dictums as established by the judicial verdicts are based on considerations of equity and convenience. The writer of the Book has collected and gathered together those important information by scrutinizing those judgments and has tried to place them before the readers in this book by assembling them chronologically.

This book deals with only the procedural laws of partition suits of Ejmali properties as well as maintainability of various types of suits, e.g., for declaration of title or for permanent injunction etc., and maintainability of applications for temporary injunction, in respect of joint properties against co-sharers. It also contains the Partition Act, 1893. The writer extend the discussions on substantive  laws upon joint properties, ejmali possession with and adverse possession against  the co-owners and consequence of Benami transactions by one member of the joint family. There are repetition of some discussion in the book, which has been done for completing the discussion of the concerned topic and also to find out the required law easily.

The author has offered the book by providing the related laws in separate title and discussed every topic by explanation with huge number of references.

Regarding the book Mr. Justice Mamnoon Rahman, the honorable Judge of the High Court Division of the Supreme Court of Bangladesh, said that “In the absence of specific statutory law and in the immense dearth of any book respecting laws on suits for partition, the writer has done a momentous quality job on the subject.  This book is an excellent creation of the topic. This book will fill up the great vacuum on the subject in an extensive portion. ”


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Milon

Barrister ​Md. Mahfuzur Rahman (Milon)

LL.B, PGDL, UK

PGDIR, Dhaka University

LL.M (Int. Commercial Law), UK

Bar-at-Law (Lincoln's Inn), UK

Advocate, Supreme Court of Bangladesh.

Editor, Law Journal BD