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
suit was not filed by Mihir Kumar Das
who is a stranger purchaser/transferee.
8. Mr. Bhattacharyya raised another issue of limitation and has
submitted ... strangers into the dwelling house of an
undivided familly" and that "this object would be frustrated if
a stranger purchaser forces himself into
allowed vide judgment and decree dated
13.08.1991 and 29.08.1991, respectively, the stranger purchasers,
who were defendant Nos.1 and 2 in the suit have preferred ... appellate court observed
that the earlier suit was filed when the stranger purchasers made
attempt to enter into the dwelling house and for that cause
auction-purchaser, and, as such, this is a case to which Section 47 Civil Procedure Code applies even though the purchaser was a stranger ... decree and purchased in court sale. That question was treated as falling within Section 47 even where the purchaser was a stranger. The present case
legal representatives of the respective deceased respondents.
The appellant, a stranger purchaser of a portion the suit property, (jointly
owned by the ancestors respondent ... suit property. The respondent no. 3, since deceased, also a
stranger purchaser of a portion of the suit property was the defendant
page 455 remarked that there is no real distinction between a stranger purchaser and a decree holder purchaser at an auction as it seemed ... stranger purchaser as well as to the decree-holder-purchaser. When the dispute is regarding the validity of the sale itself, then the stranger purchaser
portion or share
6
of which has been sold to the stranger purchaser is entitled to
have the order of pre-emption under Section ... application had been sold to
the stranger purchasers, that is, the petitioners and the pre-
emptor has wanted to pre-empt the same in respect
CLOSED FOR JUDGMENT : 17.12.2019.
JUDGMENT PRONOUNCED ON : 21.02.2020.
JUDGMENT :
The appellants (stranger purchasers), have challenged the
order dated 09.10.2015, passed in Civil Misc. Application ... 2020 03:09:59 :::
Judgment sa502.15
4
4. Appellants [stranger purchasers] have claimed that the
suit for specific performance bearing Special Civil Suit
present suit for declaration that
defendant Inder Kumar Jain being a stranger purchaser
whose right have been extinguished by passage of time being
not acted ... northern part of the
house. Therefore, he cannot be termed as stranger purchaser.
Since, he is in possession, therefore, provision of Section 27
and Article
subsisting decree at the lime Even in the case of a stranger purchaser if he does not act in good faith the sale can still ... could confer no title."
This was a case of a stranger purchaser. This case followed in Subbaya v. Vellamma
