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Issues involved: Interpretation of rights of a bona fide transferee under Section 144 of the Code of Civil Procedure.
Summary: The legal proceeding initiated by the respondent for eviction of the tenant resulted in possession of the premises. The tenant filed an application under Order 9 Rule 13, which was initially dismissed but later set aside on appeal. The tenant then filed an application under Section 144 for restoration of possession, which was allowed. However, a third party claimed tenancy rights as a bona fide transferee, leading to a series of legal challenges and appeals. The High Court allowed the third party's appeal, equating their status to that of a bona fide purchaser in an auction sale. The Supreme Court disagreed with this view, emphasizing the distinction between a bona fide purchaser in an auction sale and a tenant inducted by a decree-holder landlord. The Court held that the tenant, being in possession through the landlord, must restore possession to the original tenant once the decree is set aside. Consequently, the Court allowed the appeal, directing restoration of possession to the original tenant, subject to the outcome of the eviction petition filed by the respondent.
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