Kesarwani and Dr. Mukesh Kesarwani (hereinafter referred to as appellants/ the stranger purchasers).
12. Dr. Mukesh Kesarwani and Sri Yogesh Kesarwani (plaintiffs of Regular Suit ... owner should be a stranger/outsider to the family.
(iii) Such a stranger purchaser must institute proceedings for partition and separate possession of his undivided
dwelling house of the co-sharers and one of the
stranger purchaser seeks partition. These two ingredients
need to be established before the Court could ... filed by the co-sharer/ plaintiffs and not by
the stranger purchaser.
We have gone through the pleadings and the evidence,
there is no evidence
suit
property by dint of aforesaid purchase, though he is
a stranger purchaser and he is not entitled to get
possession of the same without ... that whenever a stranger purchaser
purchases the property which forms an undivided
dwelling house then the only remedy for such
purchaser is to file
provisions of
Partition Act . The reason is that, where a stranger purchaser
participates in a public auction, if the bid is accepted by the
officer ... have invoked the provisions of Partition Act .
15. Unlike a stranger purchaser in a public auction, a
co-sharer himself has a pre-existing right
sharers
have already transferred their share in favour of the
stranger/purchaser.
The evidence on record would show that the defendant is
possessing a part ... cross-examination. It also transpired during the
trial that the stranger/purchaser has purchased not the dwelling
5
house but a vacant land adjoining
favour of the stranger
to the family by a co-sharer and such transferee sues
for partition. The moment the stranger purchaser
sues for partition ... provision as
the same is restricted to a stage when the stranger
purchaser suing for partition in respect of a dwelling
house. Such question
transfer of share
by the shareholder of the company to the stranger purchasers of
such shares, as it was held in Mrs. Bacha F. Guzdar ... company was transferred by the promoter shareholder in favour
of the stranger purchaser. As such, by following the aforesaid
decision
2021 JUDGMENT DATED: 06/05/2022
possession to a stranger transferee, section 4 of the
Partition Act gives a right to a member ... considered to be illegal and the only right
of the stranger purchaser is to sue for partition. All these
considerations in our opinion would
Smt.Bonda Mary Anr vs M/S.Simhagiri Chits Funds Pvt Ltd And 7 ... on
Thiru. K.Palaniswamy vs Konda on 17 August, 2022
Author: M. Duraiswamy
Bench: M. Duraiswamy
