Respected Sir- Our HUF family dwelling house that was jointly owned by 16 family members was the subject matter of a partition decree. During the pendency of the FDP, 12 of the family members sold their undivided shares in the dwelling house to a stranger, with 4 coparceners still owning undivided shares in the dwelling house. The stranger was impleaded as a defendant in the FDP by orders of the High Court. He has now applied in the same FDP to get the shares of his vendors demarcated by metes and bounds. The dwelling house is in my actual physical possession. I shall be grateful if I could be guided on the following points:-
1. Whether the stranger purchaser can seek demarcation of the shares of his vendors in the present FDP that arises out of a suit for partition amongst members of the HUF family.
2. Whether I can apply under section 4 of The Partition Act to buy out the stranger in the pending FDP or whether I need to wait for the stranger to file a suit for general partition, if it is to be assumed that he cannot seek demarcation of his share in the present FDP.
