suit property in favour of defendant No.3 who is
a stranger purchaser in respect of the suit property. Subsequently disputes cropped up
between ... respect
of the share of defendant No.3 who is a stranger purchaser in respect of the suit property.
During pendency of the suit
submits that
the opposite parties No.1 and 2 are undisputedly stranger purchasers. The
suit property is undivided joint family property of the petitioners ... sharers by metes and bounds. Therefore the opposite parties being
stranger purchasers cannot interfere with the possession of the petitioners
over the joint family property
whereby the trial court
dismissed the application taken out by the stranger purchaser/petitioner challenging the
maintainability of a valuation commissioner's report ... which such preemption was
prayed for, was not instituted by the stranger-purchaser but the original co-owners.
Learned counsel for the opposite party
shown in
the sale deed” between the transferor and the “stranger purchaser”.
9. It was now the turn of the respondent to assail this order
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
same. The defendant
was trying to encumber the property to some stranger purchasers. As such the
plaintiff was compelled to file the instant suit
exercised in respect of the portion acquired by the stranger purchaser in the event there were
several transfers, conjointly transferring the entire holding, partly ... sharer and partly to
stranger purchaser. The said judgment is relied on by both of the parties in support of the
respective propositions
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
share holder, permit him to buy out the share of the stranger
purchaser at a valuation to be made by the Court ... Page 12 of 19
C/FA/538/2015 CAV JUDGMENT
a strangerpurchaser becomes extinguished. As held in the case of Boto
Krishna Ghose
which was sold by him to the petitioner who is a stranger
purchaser.
22. It was contended by the learned Advocate for the petitioner that ... entire
share by a co-sharer in favour of a stranger purchaser has been decided
conclusively by the Division Bench of this Court on reference
