category of sales is that contemplated in section 4 , whereunder
a stranger purchaser (transferee) of a share can be compelled to sell his share
claiming for possession of that share. So long as the stranger/purchaser does not seek actual division and possession, either in the suit ... property in I.A.No.932 of 2007. Therefore, when the stranger purchaser also joined in the final decree application and prayed for partition
sale deed i.e. 20.08.1956, the plaintiff
have purchased the property in entirety under the sale deed. Though this
Court has observed in the preceding ... plaintiff is not the co-parcener of the property. He
is a stranger to the said Sankaragounder. At this juncture, it remains to be
stated
sale deed i.e. 20.08.1956, the plaintiff
have purchased the property in entirety under the sale deed. Though this
Court has observed in the preceding ... plaintiff is not the co-parcener of the property. He
is a stranger to the said Sankaragounder. At this juncture, it remains to be
stated
legal basis on
which, the right could be enforced against the
stranger purchaser. When interpreting the section,
one can properly assume that Parliament ... said that it runs with the land and
binds the stranger purchaser. As I read Section 22 ,
Parliament must have had in mind
bona fide purchaser of the property at an
auction sale and a decree holder purchaser at a court
auction. The strangers to the decree ... clear and cogent
WPC.20889/11
26
evidence that a stranger purchaser was fully aware of
the merits of the controversy in regard
legal basis on
which, the right could be enforced against the stranger
purchaser. When interpreting the section, one can
properly assume that Parliament ... said that it runs with the land and binds the
stranger purchaser. As I read Section 22 , Parliament
must have had in mind
realize any further amount from the judgment
debtor.
8. After the stranger purchaser deposited `45,000/- before
Court, E.A.No.45 of 2000 filed
that the appellants’ possession deserved protection against
interference by the purchasers/strangers.
12.It is also argued that even assuming an undivided interest, the purchasers ... They
cannot be treated as strangers or trespassers. Whether the sale exceeds the
vendor’s share or whether the purchasers are bona fide or otherwise
sold on 10-08-2015 by auction and a stranger purchased
the property in a court auction. Subsequently, the petitioner filed Ext.P2
application