Supreme Court · 2000 INSC 258 · Decided 26 April 2000

Babulal v. Habibnoor Khan (Dead) BY LRS. and ORS.

Court
Supreme Court of India
Citation
2000 INSC 258 · [2000] 3 S.C.R. 684
Case number
CIVIL APPEAL No. 1549/1980
Decided
26 April 2000
Bench
S.B. MAJMUDAR, U.C. BANERJEE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 115; Constitution Article 136

Headnote

\ Pa11ition Act, 1893 : S. 4-Memberof an undivided family-Share in family property, a dwell- c ing house-One p011ion of house sold to a stranger-Suit for partition by the member-Stranger neither filing suit for partition nor was he made a party in pa11ition suit.filed by one of the members-Said application not main- tainable-Before s. 4 can be pressed in service by any of the co-owners of the -.il_ dwelling house, it has to be shown that occasion had arisen'tor him to move u/ D s. 4 because of the stranger transferee himself moving for partition and sepa- rate possession of the

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