Bombay rent control act

Querist : Anonymous (Querist) 24 March 2010 This query is : Resolved
If the landlord files eviction suit against tenant u/s-16 of Bom.Rent control act during the pendency of suit landlord sale out the suit property to third person? Can land lord have a right to sale out the property to third person during the pendancy of suit? Doctrione of lis-pendence applicable in this case? Can the purchaser have power u/o-1 r-10 of CPC to to add in this case as a third party? And purchaser can be a called a bonafide purchaser?
Related any cited case in this case plz give me a reference.
So plz help me in this case I want to get ur expert opinion and guidance Thank u.

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prakash vathore (Expert) 24 March 2010
hi dear friend,
during the pendency of suit the landlord cant sale the suit property, yes doctrine of lis-pendence is applicable, u can add the subsequent purchaser in the suit it will benefit ur case, but keep in ur mind dont vacate the suit premises.

Parveen Kr. Aggarwal (Expert) 24 March 2010
During the pendency of an eviction petition, landlord has every right to sell his property and doctrine of lis-pendens does not apply in such a case because tenant has no claim over ownership. The purchaser may be substituted under Order 22, Rule 10 of CPC instead of being impleaded under Order 1, Rule 10 of CPC. The purchaser may continue with the petition in place of the original owner.