contended that the appellant (that is the purchaser from the "decree-holder-purchaser) was bona fide purchaser for value having paid ... execution, and he had impleaded the decree-holder-purchaser, the purchasers from him, and stranger purchasers as parties thereto. The trial Court decreed restitution
other decree affecting the purchased property and against the same judgment-debtor?
2. Whether a purchaser from a decree-holder purchaser under a money decree ... auction-purchaser obtains delivery of possession of the property brought to sale. On the other hand, the purchaser, provided he purchases bona fide
share of the stranger whatever in the said dwelling house irrespective of the fact that the stranger purchaser is the plaintiff or a defendant ... house by preventing to introduce stranger therein. The stranger is adequately compensated by the market value of the property purchased so that dwelling house
emption under Section 4 of the Partition Act when the stranger purchaser has neither sued for partition nor has prayed for partition and separate allotment ... Munsif. According to the learned Subordinate Judge the defendant was a stranger purchaser. He further found that the suit property was the dwelling house
Section 4(1) of the Partition Act from the stranger-purchasers. The defendants contested the suit pleading inter alia that there was a prior partition ... house from defendant Nos. 12 & 13 was maintainable when the stranger purchasers had not filed any suit for partition to carve out their share
strangers by way of permanent settlement or sale and a portion of the said property has been in possession of the stranger-purchaser ... purchasing the family dwelling house nevertheless remains a stranger to the family and hence the stranger purchaser. The house does not cease
intrusion of strangers into the dwelling house of an undivided family and that this object would be frustrated if a stranger purchaser forces himself into ... favour of the members of the family and strictly against the stranger purchaser. ..................
It is also well settled in this Court that the above statutory
sale to the stranger, have been given a
right under this Section to ask for an injunction restraining the stranger purchaser
from exercising ... stranger cannot destroy the character
of jointness of the family dwelling house and to restrain the interference of such a
stranger purchaser a preventive measure
owner's suit though the alleged stranger purchaser did not sue for or
claimed partition.
(b) Whether the learned courts below substantially erred ... sold away to the strangers without first offering the same to the other co-sharer
and that stranger purchaser has initiated a move for getting
Kesarwani and Dr. Mukesh Kesarwani (hereinafter referred to as appellants/ the stranger purchasers).
12. Dr. Mukesh Kesarwani and Sri Yogesh Kesarwani (plaintiffs of Regular Suit ... owner should be a stranger/outsider to the family.
(iii) Such a stranger purchaser must institute proceedings for partition and separate possession of his undivided
