A recent ruling has brought major relief in such eviction disputes! It says, in such cases, if a landlord dies during an eviction case, it does not stop there. The landlord’s legal heirs can continue it and can also update the case to say they need the property for their own use.
The dispute involves a shop ad-measuring 188 square feet in Mumbai, owned by Raghunath Gopal Deshmukh. In 2005, the landlord filed a suit for eviction against the tenants that they need the premises for his ‘bonafide use, occupation and enjoyment for himself and his family members’. The tenant opposed this request, saying that the eviction was originally based only on the landlord’s personal need and could not be changed later.
Who is a legal heir?
As per the Indian law, s are those who have the legal right to inherit the assets, property, or ownership of a deceased person – including close family members such as a spouse, children, or parents, and is determined by a will or applicable succession laws.
What did the court say?
The Apex Court notes that the right to seek eviction does not end with the landlord’s death and passes on to the legal heirs. Once the heirs step into the landlord’s place in the case, they should be allowed to furnish their own requirement.
The court also noted that if they are not allowed to amend the existing case, they may have to file a fresh one, which could cause unnecessary delay.
The Supreme Court also allowed the legal heirs to update the eviction case to include their own bonafide need for the property, saying it does not change the nature of the case but remains connected to the original eviction claim.
The Supreme Court said the amendment requested by the legal heirs was proper and needed to resolve the real dispute in the case.