
A partition suit is a civil action filed to divide jointly owned property among co-owners when they cannot agree on separation. It is commonly used in cases involving ancestral property or jointly purchased assets.
The civil court examines the ownership shares and determines how the property should be divided. The Court held that every co-owner has an equal right to possess and enjoy the entire property until partition takes place.
Co-owners can seek physical division or, where division is not possible, sale and distribution of proceeds.
Once a final decree is passed, each co-owner becomes the exclusive owner of their allotted share.
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