https://www.taxtmi.com/caselaws?id=277537 Section 4 of the Partition Act, 1893 may extend to adjacent land appurtenant to a family residence, and the absence of a standing structure or long non-use does not by itself defeat the dwelling-house character if the intention to retain the property for residential use remains. A prior permanent settlement in favour of a stranger, together with prolonged acquiescence by the co-sharers, was a material factor that required fuller examination because it could undermine the claim that the plot still formed part of the dwelling house. The appeal was allowed and the matter remanded for fresh adjudication on the factual and legal questions. en-us Mon, 21 Sep 1959 00:00:00 +0530 Fri, 07 Dec 2018 15:59:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277537 Section 4 of the Partition Act, 1893 may extend to adjacent land appurtenant to a family residence, and the absence of a standing structure or long non-use does not by itself defeat the dwelling-house character if the intention to retain the property for residential use remains. A prior permanent settlement in favour of a stranger, together with prolonged acquiescence by the co-sharers, was a material factor that required fuller examination because it could undermine the claim that the plot still formed part of the dwelling house. The appeal was allowed and the matter remanded for fresh adjudication on the factual and legal questions. Case-Laws Indian Laws Mon, 21 Sep 1959 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277537