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
decimals to the opposite parties/preemptee Nos. 1
& 2 stranger purchaser on 09.08.2010 by a registered sale deed No. 6163
of 2010 without knowledge ... land, if a portion or share has been
sold to a stranger purchaser, is entitled to an order of preemption under
Section
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
suit lands
are the undivided joint ancestral properties. The stranger purchasers
have not acquired right, title and interest on the portions purchased
by them ... defendant no.1 comprised the homestead.
Defendant no.1 was a stranger purchaser. The provision contained
in Sec.44 of the Transfer of Property
house when he himself files a
suit for partition and the stranger purchaser is arraigned as
defendant and irrespective of the fact whether stranger purchaser ... Alekha Mantri (supra) is held to
take the view that a stranger purchaser who does not move for
partition of joint property against the remaining
decree-holder who had
purchased the property is fully compensated
by being paid the amount for which he had
purchased the property, it cannot ... cannot be said to
work serious injustice to the decree-holder
purchaser. A stranger auction purchaser has
been treated differently because he had
nothing
case sale is actually made by a co-sharer to a
stranger purchaser, the other co-sharers may
seek appropriate remedy under appropriate
provision
A.Abdul Salam vs M/S.South Indian Bank Ltd on 1 October, 2018
Author
material before us that the defendant No.
4 is a bona fide purchaser for value without notice of the original contract,
we are unable ... said Act of 1963.
41. The defendant No.4 is a stranger purchaser who purchased the
shares of the appellants and is not protected under
purchaser and the appellant was a purchaser from the decree- holder-purchaser. A Division Bench of the Madras High Court observed:
"If the purchaser ... ultimate sufferer. This wise policy of protecting the title of the stranger purchaser, even though in any individual case it may work some hardship
