Tenant inducted during subsistence of mortgage cannot take benefit of Rent Control Act

Sunita Jugalkishore Gilda v. Ramanlal Udhoji Tanna, (2013) 10 SCC 258

Transfer of Property Act, 1882
Ss. 52, 65 and 65-A - Induction of tenant by mortgagor in mortgaged property during pendency of suit - Permissibility -
Right of mortgagor to lease and the rights of the lessee of any such lease, held, are subject to S. 52 - Hence held,
mortgagor cannot induct any person as tenant in mortgaged property which is subject-matter of litigation between
mortgagor and mortgagee detrimental to rights of mortgagee - Thus, such lessee is bound by result of litigation when
mortgagor grants lease during pendency of suit for sale by mortgagee, and lessee cannot resist claim for possession by
auction- purchaser in the mortgage sale - In instant case, as R-1 was inducted as lessee during subsistence of mortgage
and pendency of court proceedings for mortgage sale without knowledge and consent of mortgagee, held, courts below
erred in rejecting decree for declaration of title and recovery of possession against R-1 - Furthermore, tenant inducted
during subsistence of mortgage cannot take the benefit of Rent Control Act
- Hence, held, such lessee (R-1) is not
entitled to protection under Maharashtra Rent Act, 1999 - Thus, suit of appellant mortgagee who had purchased the
mortgaged property in the mortgage sale with the permission of the court, decreed for declaration of title and recovery of
possession against R-1, but without mesne profits, 
Protection of Rent Act
Mortgagor's tenant - Rights of - Protection under Rent Act - Held, tenant who is inducted during subsistence of
mortgage is not entitled to get protection of Rent Act, 
Transfer of Property Act, 1882
Ss. 52, 67 and 65-A - Lis pendens - Applicability - Held, rule of lis pendens applies to suit by mortgagee also -
Mortgagee is entitled to avoid a transfer on the ground that it was created by mortgagor during pendency of a mortgage
suit, 
Transfer of Property Act, 1882
S. 52 - Doctrine of lis pendens - Rationale for - Held, said doctrine is intended to prevent a party to suit to make an
assignment inconsistent with the rights which may be decided in the suit and which might require a further party to be
impleaded in order to make effectual the court's decree, 

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