SH. GURJOGINDER SINGH vs SMT. JASWANT KAUR

The Supreme Court held that a bona fide transferee, who takes possession of property from a landlord, does not have the same rights as a bona fide purchaser at an auction sale. The Court distinguished the rights of a tenant from those of a stranger purchaser, emphasizing that a tenant's possession is derived from the landlord. The Court overturned the Delhi High Court's ruling that equated the rights of the bona fide transferee with those of a bona fide purchaser, thereby affirming the original tenant's right to restitution under Section 144 of the Code of Civil Procedure.