BABULAL vs HABIBNOOR KHAN (DEAD) BY LRS. .

The Supreme Court addressed the maintainability of an application under Section 4 of the Partition Act, 1893, in the context of a partition suit. The Court held that the application was maintainable, emphasizing that the object of the Act is to allow family members to buy out a stranger transferee, regardless of whether the transferee has initiated a partition suit. The Court set aside the Trial Court's dismissal of the application, directing it to proceed with the valuation of the transferee's share.