Srilekha Ghosh (Roy) & Anr vs Partha Sarathi Ghosh

The Supreme Court addressed the applicability of Section 4 of the Partition Act, 1893, in determining the right of a co-sharer to pre-empt the share of another co-sharer who has married and thus lost their status as a member of the undivided family. The Court held that the defendant was entitled to purchase the share of plaintiff no.2, as the previous rejection of the application for pre-emption did not bar the defendant from seeking to purchase the share under changed circumstances. The High Court's order allowing the defendant's application was upheld, affirming the legal principle that a co-sharer retains pre-emption rights despite changes in family status.