Babulal vs Habibnoor Khan (Dead) By Lrs. And Ors

The Supreme Court addressed the maintainability of an application under Section 4 of the Partition Act, 1893, in a partition suit where the decree-holder sought to buy out a stranger transferee's share. The Court held that the application was maintainable, emphasizing that the purpose of the Act is to allow family members to purchase the interests of non-family members, regardless of whether the transferee had initiated a partition suit. The High Court's decision to allow the application was upheld, reversing the Trial Court's dismissal.