GHANTESHER GHOSH, WEST BENGAL vs MADAN MOHAN GHOSH .

The Supreme Court addressed whether Section 4 of the Partition Act, 1893 can be invoked in execution proceedings by a co-owner against a stranger transferee of a share from another co-owner. The Court held that Section 4 is applicable in such cases, thereby allowing the co-owner to seek partition against the stranger. The decision of the Calcutta High Court was upheld, affirming the right of the appellant to execute the final decree for partition against the stranger transferee.