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
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
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 ... property by virtue of such sale in favour of the
stranger purchaser. Since the pendency of the suit
itself has been disclosed by the appellant
Banerjee
... For the Applicant
Ms. Sumitra Das
... For the Contemnors
The stranger purchaser should be made
party in this contempt proceeding.
Leave is granted ... name of the
stranger purchaser in the contempt application
as a respondent/contemnor in course of this
day.
A copy of the contempt application shall
seeking pre-emption of the
transferred portion to the stranger purchaser i.e. appellant herein.
3. Learned Trial Court heard the partition suit as well ... decree is not satisfied they can maintain such
application if a stranger purchaser tries to take possession in execution of the
final decree for partition
opposite party no. 1 and 2 who are stranger purchasers without
serving notice upon petitioners. After coming to know of such sale, executed
by opposite ... stranger as
well as to co-sharer in one deed of transfer" is not applicable since the
strangers appellants herein are the purchasers
writ petition is filed by the defendant
No.10 who is stranger purchaser questioning the order of
the learned Judge passed on an application filed ... petitioner is a
purchaser prior to filing of partition suit. Though stranger
purchaser has no voice in a partition suit but, in the
present case
MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by stranger
purchaser assailing the order passed by the learned Judge
on an application filed ... exercise. It is equally trite law
that in a partition suit, stranger purchaser has no voice.
The sale deed executed by propositus Bharmappa
