PLJ 2026 SC 215
It is now well recognised that a suit for partial partition is not maintainable. A party choosing to seek partition should not have the liberty to selectively choose and acquire a share in the more valuable aspects of the joint holdings while simultaneously excluding those portions of lesser value.
Each co-owner possesses ownership rights over every inch of the joint holding corresponding to their share. Therefore, it is inappropriate for any part of the joint holding to be permitted for separate partition. This principle is rooted in the need to protect all co-owners from potential discrimination and inequity. As a result, the entire property corpus is aggregated into a common pool, overseen by the Court, which ensures that each co-owner receives their allocated share fairly, based on the relative value of the properties, taking into account their area, location, and nature.
C.P.L.A.281-P/2012
Shahbaz Khan v. Dowlat Khan (deceased) through LRs & others
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