Greene
216 U.S. 400, 412 referred to.
541
(d) A stranger auction purchaser and a bona fide alienee
cannot be said to be similarly ... auction-purchaser
knows that he had purchased the property at a distress sale.
Thirdly even if the property was restored to the stranger
auction-purchaser
application under Section 4 of the Act. Appellant, who
was a stranger purchaser, had not filed any application for separating his
share from the dwelling ... brought the suit for partition was himself not the stranger purchaser but
one who was a member of the family and when he is seeking
limited right to transfer their undivided one half
share to a stranger purchaser and they comtemplated litiga-
tion in this regard. The said sale ... respondent jointly
purchased the property but it is now accepted that he is not
one of the purchasers and the property was purchased
house by preventing to introduce stranger therein. The stranger is
adequately compensated by the market, value of the property purchased so
that dwelling house ... case a decree had already been passed. Thereafter a
stranger purchaser applied for execution of that decree. He points out that
this Court held that
execution of a decree, the properties are purchased by a
bona fide purchaser who is a stranger to the court
proceedings, the sale ... purchased were
the decree-holders. Some persons had purchased from decree-
holders or came under them, while others were merely
purchasers in execution and strangers
judgment debtor by way of
restitution but not a stranger auction purchaser. The latter
remains unaffected and does not lose title to the property ... true question in each case is whether the
stranger auction purchaser had knowledge of the pending
litigation about the decree under execution
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
decree. In
that context it was held that the stranger auction purchaser
who is not a party to the decree is protected against the
vicissitudes ... fide purchaser who purchased the property in
ignorance of the litigation should be protected. The ratio
in that case would indicate that the purchaser must
decree and bonafide purchasers. It was held
by the Judicial Committee that as against the bonafide
purchasers Who were strangers, the suit must be dismissed ... purchaser and the appellant was a purchaser from the decree-
holder-purchaser. A Division Bench of the Madras High Court
observed:
"If the purchaser
Partition Act could not be pressed in service against the
stranger purchaser of such share. The said view was not
accepted by the Division Bench ... Calcutta High Court observed that so long as the stranger
purchaser of decretal rights of one of the co-owners has not
taken possession
