sale to the stranger, have been given a
right under this Section to ask for an injunction restraining the stranger purchaser
from exercising ... stranger cannot destroy the character
of jointness of the family dwelling house and to restrain the interference of such a
stranger purchaser a preventive measure
owner's suit though the alleged stranger purchaser did not sue for or
claimed partition.
(b) Whether the learned courts below substantially erred ... sold away to the strangers without first offering the same to the other co-sharer
and that stranger purchaser has initiated a move for getting
determination of the valuation of 3/4th share of the stranger purchaser in the suit property by the
Collector, 24 Parganas (South) himself with reference ... date when, the intention to purchase the share of the stranger purchaser in the
suit property was expressed by the plaintiff/petitioner herein. The plaintiff
valuation report was
accepted by the Trial Court.
Admittedly the stranger purchasers filed a suit for partition against the
remaining co-sharer, which was decreed ... seeking to preempt the share of the
stranger purchasers and undertake to buy the same at the market price.
The said application, which was taken
suit was not filed by Mihir Kumar Das
who is a stranger purchaser/transferee.
8. Mr. Bhattacharyya raised another issue of limitation and has
submitted ... strangers into the dwelling house of an
undivided familly" and that "this object would be frustrated if
a stranger purchaser forces himself into
described as one of the defendants being a stranger
purchaser of 1/9th share of the dwelling house from another co-sharer. In
that partition ... Partition Act against the O. P. defendant
being a stranger purchaser. After contested hearing said suit was
declared in preliminary form by a judgment dated
other words his right to buy off the share of
the Stranger purchasers. The said petition was registered as Misc. Case ... pressed into service only in the event the stranger
purchaser of share in the dwelling house seeks partition.
5. In the present case, the Stranger
other words his right to buy off the share of
the Stranger purchasers. The said petition was registered as Misc. Case ... pressed into service only in the event the stranger
purchaser of share in the dwelling house seeks partition.
5. In the present case, the Stranger
other words his right to buy off the share of
the Stranger purchasers. The said petition was registered as Misc. Case ... pressed into service only in the event the stranger
purchaser of share in the dwelling house seeks partition.
5. In the present case, the Stranger
purpose of assessment of valuation of the share of
the stranger purchaser in the suit property will be the
4
date when the preliminary decree ... Supreme Court on 18th October 2006 but sale price of the
stranger purchaser's share cannot be fixed with reference
to the date when
