In Brief
In this partition dispute, the High Court had granted the respondent liberty to purchase the appellant's share of a small 6-foot-wide pathway, deeming physical partition impracticable. The Supreme Court upheld this discretionary remedy under the Partition Act, 1893, even though the preliminary decree ordered partition by metes and bounds. However, the Court found the compensation of Rs. 50,000 inadequate. It increased the total amount by Rs. 1,00,000, thereby partly allowing the appeal and requiring the respondent to pay enhanced compensation to the appellant.
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