Gyan Chand And Anr. vs Sumat Rani And Ors.

The Supreme Court held that the right of a co-sharer under Section 4 of the Partition Act is only available if a transferee files a suit for partition, as established in Gautam Paul v. Debi Rani Paul and Ors. The Court found that the Gujarat High Court's reliance on its earlier full bench judgment in Gulamrasool Sarfuddin Malek and Ors. was erroneous, as it did not consider the principles laid down in Gautam Paul's case. Consequently, the Supreme Court set aside the High Court's judgment and restored the trial court's decision, allowing the appeal.