this High Court went so far as to say that a
stranger-purchaser is reduced to the position of a trespasser. His
purchase vests ... Section 44 of the Transfer of Property Act and the stranger-
purchasers are liable to be restrained it would follow that even if the
defendants
dwelling house is
permanently impartible. The stranger who purchases the share of the co-
RFA No.139/2011 Page 19 of 23
owner can always ... view the fact that the inability to take possession by a stranger-
purchaser is only temporary till the interest purchased is separated and
bound
defendant No. 2 who has purchased the share of defendant No.1 in the disputed property is a stranger. The plaintiff herein has given ... made so as to be fair both to the stranger -purchaser as also to the co-sharer of the erstwhile undivided joint family
name of a particular person and a third person/stranger purchases the
property on the basis of the apparent ownership, then, even if someone else
aforesaid decision is held to take the
view that a stranger-purchaser who does not move for
partition of the joint property against the remaining ... claiming for possession of that share. So long as the
stranger/purchaser does not seek actual division and
possession, either in the suit
these aspects, particularly qua defendant No.3, who admittedly is a
stranger/ purchaser of property No.2 from its owner Ms. Kanta Mehra
during
mind while deciding whether or not to award
interest to the auction purchaser and while exercising discretion
in terms of the Order 21 Rule ... decree was set aside or modified,
and the case of a stranger auction-purchaser.
If the stranger auction-purchaser was a bona
fide purchaser
legislature was aware that in a suit for partition
the stranger/outsider, who has purchased a share, would have
to be made a party ... claiming for possession of that share.
So long as the stranger-purchaser does not seek actual division
and possession, either in the suit
sold his share to buy off from the stranger purchaser. The section also assures the transferee the right to joint possession or the common enjoyment ... under Section 4 of the Act. The appellant, who was a stranger-purchaser, had not filed any application for separating his share from the dwelling
policy of the Legislature seems to be that unless a stranger
auction-purchaser is protected against the vicissitudes of the
fortunes of the suit, sales ... execution of a decree, the properties are
purchased by a bona fide purchaser who is a stranger to the
court proceedings, the sale
