Legal Question in Civil Litigation in India
A tenant has obtained an order of temporary injunction against the landlord. In the meantime the landlord has sold the property to another person pending litigation. Whether that order of injunction will bind the new landlord or since there is no cause of action whether the suit will lie. what is the remedy for the new landlord to get back his property.
5 Answers from Attorneys
If the restraint order is not to disturb the possession of tenant then it does not cause embargo in selling the property but in other case it will be governed by the principle of Lis Pendis.. The new owner should give a written intimation regarding the purchasing of the property. The new owner may file eviction petition to evict the tenant.
New landlord steps in to the shoes of old landlord, he cannot get a better title then the old landlord, he gets it with all negatives and positives of the property. Injunction binds him also, and he will have to apply and join the suit in place of the old landlord.
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