55.
(1) A co-owner shall not be entitled to institute a partition action in respect of a land if there exists a valid deed of partnership which binds such co-owner to cultivate that land or to raise crops or produce thereon for the purpose of selling such crops or produce or which is for the purpose of carrying on any trade, manufacture or occupation relating to, or connected with, the joint ownership of that land, and if any of the terms, conditions or covenants of that deed of partnership will be avoided infringed or violated by a partition or sale of the land. |
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(2) The provisions of subsection (1) of this section shall not apply in any case in which the right to institute a partition action has been expressly reserve in the deed of partnership referred to in that sub-section. |
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