Restitution after reversal of decree: tenant inducted by decree-holder cannot claim bona fide purchaser protection.

Restitution under Section 144 CPC restores what was taken under a decree later set aside, and a transferee who derives possession from the decree-holder cannot resist that relief by claiming the protection available to a bona fide auction purchaser. The Court held that a tenant inducted by the decree-holder had no independent right to retain possession after reversal of the decree, because the tenant's possession was derived from the very party who benefited from the earlier decree. The objection to restitution was therefore rejected, and possession was directed to be restored, subject to the outcome of the eviction proceeding.

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Issues: Whether a person inducted as a tenant by a decree-holder can resist restitution under Section 144 of the Code of Civil Procedure on the ground that he is a bona fide transferee with an independent right to remain in possession.

Analysis: Restitution restores to a party what has been taken away under a decree that is later set aside. A stranger auction purchaser stands on a different footing because his title is not derived from either party to the suit. A tenant inducted by the decree-holder, however, derives possession from the decree-holder and cannot claim an independent right to retain the benefit obtained under the reversed decree. The equitable protection recognized for bona fide auction purchasers does not extend to such a transferee from the decree-holder.

Conclusion: The objection of the transferee tenant was not sustainable and restitution of possession in favour of the appellant was warranted.

Final Conclusion: The order of the High Court was set aside and possession was directed to be restored to the appellant, subject to the result of the eviction proceeding.

Ratio Decidendi: A person who derives possession from a decree-holder cannot resist restitution after the decree is set aside by claiming the protection available to a stranger bona fide purchaser at an auction sale.

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