sold their .62 decimals of land in plot no. 172 to stranger
purchasers, being the petitioners herein, by six separate registered deeds of sale ... held that the transfer
by a sale in favour of a stranger-purchaser of a share in a holding-in-question
gave rise
execution of a decree, the properties are
purchased by a bona fide purchaser who
is a stranger to the court proceedings, the
sale ... bona fide purchaser of
the property at an auction sale and a
decree holder purchaser at a court
auction. The strangers to the decree
paragraph
16, held as follows:-
"16. The distinction between a stranger who
purchases at an auction sale and an assignee from a
decree-holder ... distinction between a stranger, who is a bonafide purchaser and a
party to lis purchaser. The strangers to the decree are afforded
protection
Court purchaser or, as he is sometimes called, an auction purchaser. It is necessary, therefore, to consider the position of a Court purchaser. The learned ... Calcutta and Allahabad High Courts, therefore, is that a stranger purchasing the judgment-debtor's property in execution of a decree against
mortgagor which a stranger making the purchase would have acquired. The question thus formulated was answered in favour of the purchaser, and it was ruled ... with it, he is precisely in the same position as a stranger purchaser. See also kirkwood v. Thompson
bona fide purchaser for value without notice. If the stranger purchaser would be a bona fide purchaser without notice, the deft, would have been liable
stranger to the family. A preliminary
decree has been passed in the suit for partition filed by
the said stranger-purchaser and final decree proceeding ... claim
pre-emption and to re-purchase the property unless the
stranger-purchaser comes to the Court and files a suit
for partition
said amount for execution
of the sale deed by the defendant stranger purchaser. Hence, the
question of discretionary power of the court available under
section ... above position of law and further
finding that the stranger purchaser would not be entitled to make
a profit out of the sale transaction since
have come to the conclusion that the petitioner/purchaser was a
stranger purchaser as he had failed to establish his right as a co-sharer
held in AIR 1994 SUPREME
COURT 2536 that "even if stranger purchases the right of cosharer then he will
step into the shoes
