1994 (2) TMI 299

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....r, the respondent No. 1 herein, initiated legal proceeding before the Rent Controller for eviction of her tenant, the appellant herein, and b execution of the exparte order passed therein obtained possession of the suit premises in October, 1971. Immediately thereafter the appellant filed an application under Order 9 Rule 13 of the Code of Civil Procedure, which was dismissed by the Rent Controlle....

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.... earlier eviction proceeding initiated against the erstwhile tenant. Consequently, he contended, he was not liable to be dispossessed pursuant to the warrant of possession. The Rent Controller overruled the objection so raised and the appeal preferred by the respondent No. 2 against the order of the Rent Controller was dismissed by Rent Control Tribunal. Thereafter he moved the Delhi High Court by....

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....held that the right of a bona fide purchaser or transferee stood on a footing different from that of the parties to the suit as the former had an independent right. 3. We are unable to share the view expressed by the High Court as in our considered opinion, the status of a bona fide purchaser in an auction sale in execution of a decree to which he was not a party stands on a distinct and differ....

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....eat distinction between the decree-holders who came in and purchased under their own decree, which was afterwards reversed on appeal, and the bona fide purchasers who come in and brought at the sale in execution of the decree to which they were no parties, and at a time when that decree was a valid decree, and when the order for the sale was a valid order." 4. In our view the above principle wi....