Partition - rei vindicatio- exceptio rei et traditiae

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This is a rei vindication action and the DC dismissed the same and the HC affirmed the dismissal. The provisions of the Partition law under 1951 Act and 1977 Law are as follows.

PENDING A PARTITION ACTION TWO DEEDS HAD BEEN EXECUTED IN RESPECT OF THE LAND WHICH LATER BECAME THE SUBJECT MATTER OF A REI VINDICATION ACTION. THE SC CONSIDERED IN THE CASE THE LAW RELATING TO PENDING PARTITION AND THE STANDARDS AND QUANTUM OF PROOF IN A REI VINDICATIO ACTION AND THE EFFECT OF THE DOCTRINE exceptio rei venditae et traditiae.  


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