sold 1/4th share in the suit
properties to the stranger-Purchaser (defendant No.1) through
registered sale deed No.2884 dated ... partition and separate possession filed by the
stranger transferee".
17. When, the stranger purchaser (defendant No.1) has not
filed the suit for partition
defendant Nos.9 to 12 are the stranger purchasers. As such,
they (defendant Nos.9 to 12) are not the family members of plaintiff ... from the stranger purchasers, unless the
stranger purchaser/purchasers file a suit for partition of their purchased
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properties. For which
Whether simple suit for injunction is
maintainable against a stranger purchaser of the
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undivided dwelling house belonging to the joint
family ... partition and opt for
pre-emption when the stranger -purchaser failed to
seek relief of partition of his purchased land in the
undivided dwelling house
Sri Vasanth Kumar H G vs The State Of Karnataka on 12 March, 2025
Author
Sri Vasanth Kumar H G vs The State Of Karnataka on 12 March, 2025
Author
that an interim mandatory injunction order
can be passed against a stranger purchaser for status quo ante in the
event such stranger has forcefully obtained ... transfer which was made by
the appellant in favour of a stranger purchaser, becomes
ineffective due to sale of her share in the suit property
affirmative and
regarding interference, it is admitted that purchaser is
stranger. The obstruction need not be physical
obstruction mere entry in the records also ... Basappa @ Mallaliah & Others
Respondents. Where is held that:-
Two stranger purchasers who purchase from two
different co-parceners of a joint family their undivided
Kamlesh Jaysukhlal Bhuta And Anr vs Vasantben Ramnikhlal Bhuta ( Deleted ... on 2 January, 2025
Author
such persons decides
to purchase the property and the stranger purchaser would be bound to
accept refund of the earnest money, which the court below ... such any obligation arising out of contract can be
imputed to stranger purchaser/defendant no.1. A pre-emption by contract
or contractual pre-emption
favour of the defendants was
illegal. The defendants being stranger purchasers have no
right of joint possession of the house and homestead
Page ... homestead property cannot be jointly possessed by the
stranger purchasers in view of Section 44 of the T.P. Act.
The First Appellate Court
