https://www.taxtmi.com/caselaws?id=174753 A partition decree directing one co-sharer to pay owelty money creates, by necessary implication, a lien or charge on the property allotted to the co-sharer taking the larger share, even without express words. The co-sharer entitled to owelty may therefore enforce payment against the allotted property. Payments made in satisfaction of that subsisting decree are not recoverable as restitution under Section 144 CPC, because restitution arises only where the decree has been varied or reversed. The Supreme Court accordingly upheld the appellant's entitlement to retain and realise the decretal amounts and rejected the respondent's restitution claim. en-us Wed, 27 Mar 1957 00:00:00 +0530 Mon, 19 Oct 2015 12:13:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174753 A partition decree directing one co-sharer to pay owelty money creates, by necessary implication, a lien or charge on the property allotted to the co-sharer taking the larger share, even without express words. The co-sharer entitled to owelty may therefore enforce payment against the allotted property. Payments made in satisfaction of that subsisting decree are not recoverable as restitution under Section 144 CPC, because restitution arises only where the decree has been varied or reversed. The Supreme Court accordingly upheld the appellant's entitlement to retain and realise the decretal amounts and rejected the respondent's restitution claim. Case-Laws Indian Laws Wed, 27 Mar 1957 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174753