eviction

Querist : Anonymous (Querist) 20 September 2010 This query is : Resolved
sir I am tenant i have filed a suit against the owner property during pendency of the suit the owner has disposed the property to third party. Now the third party and person who sold the party has issued a notice under t.p act and filed a suit for evictionNow my question is can the original owner can dispose of the property when I filed a suit for injunction and can the person who disposed the property can isuue a notice with the person who has purchased the property and file a suit for eviction what are apex court judgements in this regard.I would like one more point when I have filed a rejection of plaint the said petition is numbered s.r and no I.A Number is given to this petition this petition is filed some 2 years back what remedy ihave got now

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Devajyoti Barman (Expert) 20 September 2010
It depend upon what sort of relief you were asking by way of injunction. Generally if the tenant files suit for injunction against the forceful eviction from the suit property, the land lord is not handicapped to transfer the sut property.
The tenant can not challenge the title of the landlord in the suit property and the landlord can during the pendency of the suit could transfer the same.

Raj Kumar Makkad (Expert) 20 September 2010
I am fully agree with the opinion of Devajyoti and further add that you should now amend your petition and should insert new owner and should withdraw your petition against earlier owner and should obtain stay order against your forceful dispossession.

In case new owner has filed eviction petition against you, then also you should defend that petition as theire is no legal hurdle for him to file such petition.

Rajeev kulshreshtha (Expert) 21 September 2010
The landlord is competent to transfer the property if there is no injunction of that kind and the new owner have full authority to evict you following due process of law.

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