135.
Where Court may Order Sale:1) Where the Court under section 134, refuses to make a partition, or where owing to the
number of co-owners or for any other reason the property sought to be partitioned is
incapable of partition, and one or more of the co-owners or the person institution the
suit demand his or their share be sold, or that such property to be sold, the Court shall
in default of any agreement between the co-owners, value the shares of the co-owners
who demand the sale, and offer such shares at such valuation to any or all of the other
co-owners in such proportion as it thinks fit.
2) If the other co-owners are not willing to purchase the shares offered, the Court may
order the sale of such property or the separation and sale of such shares, or make such
other order for the disposal of the suit as it thinks fit.
3) Where the Court orders a sale under sub-section (2), such sale shall be carried out, so
far as may be, in the manner prescribed for the sale of immovable property in the
execution of a decree.
136.
Where Share a Co-Owner is to added to the Share of another Co-owner:1) Where the property sought to be partitioned is capable of partition generally but the
share when partitioned of any particular co-owner is less in area than any minimum
laid down by any enactment for the time being in force, the Court shall add such
share to the share of any other co-owner or distribute such share amongst two or more
other co-owners in such manner and in such proportions as in default of agreement, it
thinks fit.
2) Where the Court proceeds under sub-section (1), it shall assess the value of such
share and shall in the final decree order to be paid to the owner of such share by each
person who has received in addition to his share, the value of such addition.
137.
Provisions as to Payment:Where any sum is payable under section 135 or 136 by any co-owner to any other coowner the Court may allow such time as it thinks reasonable for payment and such sum
shall be a charge on the share of the persons liable to pay it until it has been paid.
CHAPTER 4.
ARBITRATION
138.
Reference to Arbitration:Where in any suit if all the parties interested agree that any matter in issue between them
shall be referred to arbitration, they may at any time before judgement is pronounced
apply in writing to the Court for an order of reference.
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