Ghantesher Ghosh vs Madan Mohan Ghosh & Ors on 18 September, 1996
In the decision in Gautam Paul (supra), relying upon the above
principles laid down in Ghantesher Ghosh (supra), the Hon'ble
Apex court held that, prayer for partition is necessary for claiming
the right of pre-emption under Section 4 of the Partition Act. The
right of pre-emption recognized under Section 4 of the Partition Act
is available only to a sharer of a dwelling-house. The present suit is
not one claiming pre-emption.