present petitioner seeking to
preempt the share of the stranger purchaser and under takes to buy the same
at the market price. The learned Trial ... sending the valuation statement in respect of the portion of
the stranger purchaser and in reply to that the Collector submitted the report
dwelling house was
not available.
4. The petitioners are the stranger purchasers who
were sold the second floor by one of the brothers.
This ... strangers/purchasers.
5. The learned advocate for the petitioners
(purchasers) submits that the suit property has
been duly mutated in favour of the purchasers.
Electricity
execution of a decree, the properties are purchased by a
bona fide purchaser who is a stranger to the court
proceedings, the sale ... auction-purchaser on the basis that an assignee
from a decree-holder auction-purchaser has to be
considered as a bona fide purchaser for value
claiming
for possession of that share. So long as the stranger-
purchaser does not seek actual division and possession, either
in the suit ... proper market value, which is to be fair to both stranger purchaser and also to the
applicant.
11.2.5.The Court below should exercise
claiming
for possession of that share. So long as the stranger-
purchaser does not seek actual division and possession, either
in the suit ... proper market value, which is to be fair to both stranger purchaser and also to the
applicant.
11.2.5.The Court below should exercise
claiming
for possession of that share. So long as the stranger-
purchaser does not seek actual division and possession, either
in the suit ... proper market value, which is to be fair to both stranger purchaser and also to the
applicant.
11.2.5.The Court below should exercise
Govind. Respondent no.1
("Defendant no.1") is a stranger purchaser. The trial court held that the
plaintiff is entitled to partition
Learned counsel appearing for the defendant no. 5/appellant, the
stranger purchaser, argues that the prior purchase clause in the
partition deed ... property. Moreover, Section 4 applies only in
case the stranger purchaser sues for partition.
31. As opposed thereto, in the present case, none
part of a stranger transferee to purchase a
portion of the dwelling house but the said stranger purchaser
cannot claim joint possession. It is submitted ... Chowdhury that
the present Opposite Party No. 2 being a stranger purchaser thus
5
cannot claim possession over any portion of his purchased property
relevant, which is culled out as
under:
"15. Unlike a stranger purchaser in a public
auction, a co-sharer himself has a pre-existing ... that the joint family property is not
lost to a stranger when one of the co-sharer who
is willing to buy the share
