GURJOGINDER SINGH versus SMT. JASWANT KAUR AND ANR.

GURJOGINDER SINGH versus SMT. JASWANT KAUR AND ANR.

A tenant put in possession by the decree-holder after eviction must yield possession to the original tenant upon restitution; such tenant is not on the same footing as a bona fide auction purchaser unconnected with the parties to the suit.

Parties
Appellant: Gurjoginder Singh; Respondent No.1: Smt. Jaswant Kaur; Respondent No.2: Respondent No. 2
Jurisdiction
India
Judgment Date
09 February 1994
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Ex Parte Eviction, Restitution of Possession, Status of Bona Fide Transferee, Auction Sale Purchaser Distinction
Rent and Eviction Civil Procedure Ex Parte Eviction Restitution of Possession Status of Bona Fide Transferee Auction Sale Purchaser Distinction

Case Brief

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Parties

Gurjoginder Singh

Appellant

Smt. Jaswant Kaur

Respondent No.1

Respondent No. 2

Respondent No.2

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a bona fide transferee in possession under a landlord has the same rights as a bona fide purchaser in an auction sale upon restitution under s.144 CPC.

Ratio Decidendi

A tenant put in possession by the decree-holder after eviction must yield possession to the original tenant upon restitution; such tenant is not on the same footing as a bona fide auction purchaser unconnected with the parties to the suit.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Restoration of possession to appellant as per order by Rent Controller